{"id":"F2019L00166","name":"Great Barrier Reef Marine Park Regulations 2019","slug":"great-barrier-reef-marine-park-regulations-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98792,"registerId":"commonwealth-F2019L00166-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 4","sectionType":"division","heading":"designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.","content":"Division 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\n","sortOrder":0},{"sectionNumber":"Div 7","sectionType":"division","heading":"provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.","content":"Division 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## Division 1 Preliminary\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 1 Name\n\n## 3 Authority\n\n## Division 2 Interpretation of this instrument\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 5 Definitions\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n## 6 References to laws of Queensland\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n## 7 Meaning from Zoning Plan applies in relation to Amalgamated Great Barrier Reef Section\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n## 8 Geographic coordinates\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n## Division 3 Prescribing matters for the purposes of the Act\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 9 Pilots—prescribed law for the purposes of subsection 3(1)\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n## 10 Protected species—declaration for purposes of the Act\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n## 11 Meaning of relevant permission\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\n## Part 2 Definitions and other matters for the purposes of the Zoning Plan\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 12 Simplified outline of this Part\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n## Division 2 Prescribing definitions and limitations for the purposes of the Zoning Plan\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 13 Accreditation of educational or research institutions\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n## 14 Accreditation of harvest fisheries\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n## 15 Bait netting—limitations on netting\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n## 16 Definition of defence activities\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n## 17 Fishing or collecting—limitations\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n## 18 Harvest fisheries—declaration of fisheries\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n## 19 Limited collecting—limitations\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n## 20 Definition of limited impact research (extractive)\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n## 21 Definition of limited impact research (non‑extractive)\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n## 22 Limited spearfishing—limitations\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n## 23 Limited trapping—limitations\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n## 24 Managed vessel or aircraft—declaration of vessels\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n## 25 Definition of Mission Beach Leader Prawn Broodstock Capture Area\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n## 26 Definition of motorised watersports\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n## 27 Netting—limitations\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n## 28 Pelagic species—declaration\n\n## 29 Definition of photography, filming or sound recording\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n## 30 Protected species—declaration for purposes of the Zoning Plan\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n## 31 Queensland fisheries legislation\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n## 32 Definition of ship\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n## 33 Stowed or secured—requirements\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n## 34 Definitions of traditional owner and traditional owner group\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n## 35 Trapping—limitations\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n## 36 Trawling—limitations\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n## 37 Trolling—limitation\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n## 38 Definition of vessel or aircraft charter operation\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n## Division 3 Prescribing other matters for the purposes of the Zoning Plan\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 39 Activities prohibited in zones\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n## 40 Remote Natural Area—purposes for which the area may not be used or entered\n\n## Division 4 Special Management Areas and special management provisions\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 41 Purpose of this Division\n\n## 42 Interpretation\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n## 43 Types of Special Management Areas\n\n## 44 Species Conservation (Dugong Protection) SMAs\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n## 45 Seasonal Closure (Offshore Ribbon Reefs) SMAs\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n## 46 No Dories Detached (Offshore Ribbon Reefs) SMAs\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n## 47 Restricted Access SMAs\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n## 48 Public Appreciation SMAs\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n## 49 No Dories Detached (Marine National Park Zone) SMAs\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n## 50 One Dory Detached (Conservation Park Zone) SMAs\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n## 51 One Dory Detached (Buffer Zone) SMAs\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n## 52 Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n## 53 Maritime Cultural Heritage Protection SMAs\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n## 54 Emergency Special Management Areas\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n## 55 Extension and revocation of designation\n\n## Division 5 Additional purposes for use or entry\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 56 Entry to zones for purpose of taking certain protected species\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n## 57 Directions given following notice of proposed conduct\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n## 58 Commercial activities on Low Island\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n## Division 6 Fishing and related offences\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 59 Purposes of this Division\n\n## 60 Conservation Park Zone—fishing offence\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n## 61 Marine National Park Zone—fishing or collecting offence\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n## 62 Dories not under tow or attached in non‑fishing areas\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n## 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n## 64 Multiple dories in Buffer Zone or Conservation Park Zone—offence by person on dory\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n## Division 7 Authorisations relating to Hinchinbrook Planning Area\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 65 Purpose of this Division\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n## 66 Application for Hinchinbrook authorisation\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n## 67 Asking for more information about application\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n## 68 Consideration of application\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n## 69 Grant or refusal of Hinchinbrook authorisation\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n## 70 When condition or refusal has effect\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n## 71 Hinchinbrook authorisation is part of permission\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n## 72 How long Hinchinbrook authorisation remains in force\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n## 73 Variation of Hinchinbrook authorisation in certain circumstances\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\n## Part 3 Permissions\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## Division 1 Introduction\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 74 Simplified outline of this Part\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n## 75 Permissions to which this Part applies\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n## Division 2 Applications for permissions\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## Subdivision A Making applications for permissions\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 76 How applications for permissions must be made\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n## Subdivision B Deciding whether applications are properly made\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 77 Authority must decide whether applications are properly made\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n## Subdivision C Additional information\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 78 Additional information\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n## Subdivision D Withdrawal of applications\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 79 Withdrawal of applications\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n## 80 Withdrawals of EPBC referral deemed applications\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n## Subdivision E Applications for special permissions\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 81 Purpose of Subdivision\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n## 82 Meaning of special permission\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n## 83 Only certain persons may apply for special permission\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n## 84 Invitations for expressions of interest\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n## 85 Consideration of expressions of interest to determine entitled person\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n## 86 Ranking expressions of interest\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n## 87 Declaration of entitled person\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n## 88 Giving declaration to entitled person\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n## 89 Ceasing to be an entitled person\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n## Division 3 Assessment of impacts of proposed conduct\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## Subdivision A Deciding on approach for assessment\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 90 Application of this Subdivision\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n## 91 Authority must decide on approach for assessment\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n## 92 Considerations in deciding on approach for assessment\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n## Subdivision B Assessment by public information package\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 93 Application of this Subdivision\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n## 94 Publication of information and advertisement\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n## 95 Dealing with response to publication of information and advertisement\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n## 96 Applicant to act in accordance with PIP terms\n\n## Subdivision C Assessment by public environment report or environmental impact statement\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 97 Application of this Subdivision\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n## 98 Terms of reference for public environment report or environmental impact statement\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n## 99 Publication of proposed conduct advertisement by Authority\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n## 100 Alternative procedure for EPBC referral deemed application\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n## Subdivision D Application treated as withdrawn for delay in following assessment processes\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 101 Withdrawal of applications for failure to advertise for public comment\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n## 102 Authority may require action on assessment process and declare application withdrawn for failure to comply\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n## Division 4 Consideration of applications\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 103 Mandatory considerations in deciding whether to grant permission\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n## 104 Limit on granting permission for dumping\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n## 105 Limits on granting permissions to take protected species\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n## 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n## 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n## 108 Limits on granting permissions to enter or use Princess Charlotte Bay SMA—special management provisions\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n## 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n## 110 Considerations for permissions to camp on Commonwealth islands\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n## Division 5 Granting and refusing permissions\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 111 Grant or refusal of permission\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n## 112 Application to be decided within reasonable time\n\n## 113 Decision on EPBC referral deemed applications\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n## Division 6 Form, term and conditions of permissions\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 114 Form of permission\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n## 115 Term of permission\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n## 116 Certain permissions to continue in force\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n## 117 Conditions of permission\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n## 118 Authorities under permissions\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n## Division 7 Transfer of permissions and changes in beneficial ownership\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## Subdivision A Transfer of permissions\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 119 Application to transfer permission\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n## 120 Mandatory considerations in deciding whether to approve transfer of permission\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n## 121 Further information required to consider application\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n## 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n## 123 Approval of transfer\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n## 124 Transfer of Hinchinbrook authorisation attached to, or authority given under, permission\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n## Subdivision B Change in beneficial ownership of company\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 125 Change in beneficial ownership of permission holder that is a company\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n## 126 Further particulars about change in beneficial ownership\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n## 127 Modification, suspension or revocation relating to change in beneficial ownership\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n## Division 8 Modification, suspension and revocation\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 128 Modification of permission conditions\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n## 129 Modification of conditions or suspension of permission—pending investigation\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n## 130 Action following investigation\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n## 131 Suspension of permission—environmental management charge\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n## 132 Revocation of permission—general\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n## 133 Revoked permission to be reinstated in particular circumstances\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n## Division 9 Offence provisions\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 134 Purpose of Division\n\n## 135 Requirement to produce permission etc. for inspection\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n## 136 Notification of change in beneficial ownership\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n## 137 Conviction after permission etc. is suspended or revoked\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n## Division 10 Miscellaneous\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 138 Prescribed circumstances\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n## 139 No permission for reef walking in Whitsunday Planning Area\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\n## Part 4 Traditional Use of Marine Resources Agreements (TUMRAs)\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 140 Simplified outline of this Part\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n## Division 2 Accreditation of TUMRAs\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 141 Application for accreditation of a TUMRA\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n## 142 Matters to be included in TUMRA\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n## 143 Additional information\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n## 144 Withdrawal of applications\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n## 145 Assessment of applications for accreditation\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n## 146 Accreditation of TUMRA\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n## 147 TUMRA has no effect unless accredited\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n## 148 Conditions of accreditation\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n## 149 Certificate of accreditation\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n## 150 Authorities under accreditation\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n## 151 Accreditation to continue\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n## Division 3 Modification of accredited TUMRAs\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 152 Application to modify TUMRA or conditions of accreditation\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n## 153 Additional information\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n## 154 Decision on application\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n## 155 Notice of decision\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n## Division 4 Modification, suspension and revocation\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 156 Modification of conditions or suspension of accreditation—pending investigation\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n## 157 Action following investigation\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n## 158 Revocation of accreditation—general\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n## Division 5 Termination of accredited TUMRA\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 159 Termination of accredited TUMRA\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\n## Part 5 Discharge of sewage\n\n## 160 Simplified outline of this Part\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n## 161 Limit on application of this Part\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n## 162 Discharge of sewage generally\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n## 163 Discharge of untreated sewage from vessels\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n## 164 Discharge of treated sewage from vessels\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n## 165 Discharge in prescribed circumstances\n\n## Part 6 Removal of property and various offences\n\n## 166 Simplified outline of this Part\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n## 167 Removal of property\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n## 168 Certain animals not to be taken onto Commonwealth islands\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n## 169 Littering prohibited\n\n## 170 Mooring buoy must display mooring reference number\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n## 171 Public mooring and public infrastructure not to be removed, misused or damaged\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n## 171A Contravention of anchoring restrictions\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\n## Part 7 Register of permissions and other instruments\n\n## 172 Simplified outline of this Part\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n## 173 Register of permissions and other instruments\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\n## 174 Access to register\n\n## Part 8 Reporting requirements\n\n## 175 Simplified outline of this Part\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n## 176 Great Barrier Reef Outlook Report\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n## Part 9 Interacting with cetaceans\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## Division 1 Introduction\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 177 Simplified outline of this Part\n\n## 178 Application of this Part\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n## Division 2 Offences\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 179 Requirements relating to prohibited vessels\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n## 180 Other craft—caution zones near adult cetaceans\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n## 181 Other craft—caution zones near calves\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n## 182 Aircraft near cetaceans\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n## 183 No feeding of cetaceans\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n## 184 No touching, or sudden movements near, cetaceans\n\n## 185 Requirements for swimming with cetaceans\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n## 186 Conducting swimming‑with‑whales activities without permission\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n## 187 Protection of whales in whale protection area\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n## Division 3 Exemption from this Part\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 188 Exemption from this Part\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n## 189 Application for exemption\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n## 190 Additional information\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\n## Part 10 Compulsory pilotage\n\n## 191 Simplified outline of this Part\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n## 192 Compulsory pilotage area\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n## 193 Exemption from requirement to navigate with a pilot—prescribed information\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n## 194 Minister may request further information\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n## 195 Exemption may be conditional\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n## 196 Duty to notify if information given for exemption becomes inaccurate\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n## 197 Termination of exemption in certain circumstances\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\n## Part 11 Bareboat operations\n\n## 198 Simplified outline of this Part\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n## 199 Register of appropriately qualified persons\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n## 200 Offences—bareboat identification numbers\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\n## Part 12 Fees\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 201 Simplified outline of this Part\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n## Division 2 Fees\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## Subdivision A Fees for fee‑bearing applications\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 202 Fees for fee‑bearing applications\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n## 203 Notices of fees payable\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n## 204 Lapsing of application for permission\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n## 204A Coronavirus economic response—applications made during waiver period\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n## 204B Coronavirus economic response—increased fees resulting from a change in approach\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n## Subdivision B Fees for other applications and requests\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 205 Fees for other applications and requests\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n## 205A Coronavirus economic response\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n## Subdivision C Other fees\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 206 Fee for application for exemption from compulsory pilotage\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n## 207 Reinstatement fee\n\n## 207A Coronavirus economic response\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n## Division 3 Miscellaneous provisions for fees under sections 202 and 205\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 208 Indexation of fees under sections 202 and 205\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n## 209 Waiver of fees under sections 202 and 205\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\n## Part 13 Environmental management charges\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 210 Simplified outline of this Part\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n## Division 2 Chargeable permissions and determining secondary services\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## Subdivision A Meaning of chargeable permission\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 211 Meaning of chargeable permission\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n## Subdivision B Determining secondary services\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 212 Secondary services\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n## 213 Notice of decision\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n## Division 3 Amount of charges and payment\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## Subdivision A Standard tourist program charges\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 214 Meaning of takes part in a tourist program\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n## 215 Liability for standard tourist program charge\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n## 216 Visitors who do not have to pay charge\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n## 217 Full day amount\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n## 218 Tours that are longer than 3 days\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n## 219 Tours that are 3 hours or less\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n## 220 Tours that arrive late or depart early\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n## 221 When charge is payable\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n## 222 Offences—altering ticket etc.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n## Subdivision B Other charges\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 223 Charges payable by the holder of a chargeable permission\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n## 224 Charges payable by visitors\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n## Subdivision C Payment and overpayment\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 225 When charges under section 223 are payable\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n## 226 When collected amounts are payable\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n## 227 Payment on cessation or transfer of permission\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n## 228 Overpayment of charge by holder of chargeable permission\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n## Division 4 Record‑keeping and returns etc.\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 229 Record‑keeping etc.\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n## 230 Returns\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n## 231 Custody and banking of collected amounts\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n## Part 14 Plan of management enforcement provisions\n\n## 232 Simplified outline of this Part\n\n## 233 Contravention of the Shoalwater Bay (Dugong) Plan of Management 1997\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\n## 234 Contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays\n\n## Part 15 Notification and review of decisions\n\n## 235 Simplified outline of this Part\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n## 236 Reviewable decisions\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n## 237 Notice of certain decisions\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n## 238 Contents of a notice\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n## 239 Reconsideration of reviewable decisions\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\n## Part 16 Inspector’s powers\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 240 Simplified outline of this Part\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n## Division 2 Powers to give directions etc.\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 241 Power of inspector to give directions\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n## 242 Powers of inspector to require person to leave the Marine Park or produce permission etc.\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n## Division 3 Infringement notices\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 243 Infringement notice offences and infringement notice penalties\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n## 244 When an infringement notice may be given\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n## 245 Matters to be included in an infringement notice\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n## 246 When infringement notice penalty must be paid\n\n## 247 Extension of time to pay\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n## 248 Withdrawal of an infringement notice\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n## 249 Effect of payment of amount\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n## 250 Effect of this Part\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n## Part 17 Miscellaneous\n\n## 251 Simplified outline of this Part\n\n## 252 Use of computer programs to make decisions etc.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n## 253 Extending periods\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\n## Part 18 Application, saving and transitional provisions\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 255 Simplified outline of this Part\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n## Division 2 Application, saving and transitional provisions relating to the making of this instrument\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 256 References to old regulations\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n## 257 Things done under the old regulations\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n## 258 Accreditation of institutions and harvest fisheries\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n## 259 Limited impact research (extractive)\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n## 260 Directions given following notification\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n## 261 Permissions\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n## 262 Changes in beneficial ownership\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n## 263 TUMRAs\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n## 264 Offences and civil penalty provisions\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n## 265 Registers\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n## 266 Application of section 176\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n## 267 Exemptions from Part 9\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n## 268 Compulsory pilotage\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n## 269 Application of fees\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n## 270 Determination of secondary services\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n## 271 Chargeable permissions\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n## 272 Record keeping and returns\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n## 273 Review of decisions\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n## 274 Infringement notices\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n## 275 Form of identity cards\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n## Division 3 Amendments made by the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024\n\n> 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.\n\n> Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.\n\n (a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or\n\n> Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.\n\n> bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.\n\n> Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.\n\n> Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n (a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;\n (i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or\n (ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.\n\n (a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and\n\n> environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.\n\n> EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission.\n\n> existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.\n\n> Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).\n\n> fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:\n\n> Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.\n\n> Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).\n\n> fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.\n\n> grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.\n\n (a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;\n\n> grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n (a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;\n (b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.\n\n> grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).\n\n> Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.\n\n (a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and\n (b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n> Note: The Convention is in Australian Treaty Series 1983 No. 22 (\\[1983\\] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.\n\n> Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.\n\n (f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;\n (g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).\n\n> Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.\n\n> Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.\n\n> Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).\n\n (b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;\n\n (a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and\n (b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.\n For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:\n (d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;\n so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.\n\n (d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;\n (e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of that period;\n (i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);\n (j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.\n\n (c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.\n\n> misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.\n\n (b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)—the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.\n\n (a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:\n (b) any activity in which a high‑speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);\n (ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.\n\n> no‑anchoring area means an area of the Marine Park that is located inshore of, or is enclosed by, a no‑anchoring boundary line shown on a map in Schedule 3.\n\n> oil (except in paragraph (h) of the definition of minor research aid) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.\n\n (a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels—the registered owner; or\n\n (a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or\n\n> Princess Charlotte Bay specified area means the area enclosed by the meridians 14330.0E and 14430.0E and the parallels 1400.0S and 1430.0S.\n\n (a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and\n (b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.\n\n> proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission.\n\n> Protocol of 1978 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.\n\n> Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 (\\[1988\\] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> public environment report (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.\n\n> purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.\n\n (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or\n (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).\n\n> research guidelines means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.\n\n> research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.\n\n (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:\n (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and\n\n (a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n (b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.\n\n> sewage means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).\n\n (b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and\n\n> special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:\n\n (a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or\n (b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.\n\n> Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.\n\n> superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).\n\n (b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section—the declaration, as in force from time to time.\n\n> swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:\n\n> tertiary treatment: sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:\n\n (i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or\n (ii) if subparagraph (i) does not apply—no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall;\n (d) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.\n\n (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and\n (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission.\n\n> transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:\n\n (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.\n For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.\n\n> trawl net means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.\n\n> TUMRA (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.\n\n> tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.\n\n (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:\n (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;\n (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;\n (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.\n\n> whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.\n\n> Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998, as in force from time to time.\n\n (3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.\n\n (1) Subject to subsection (2), a reference in this instrument to a law of Queensland is a reference to that law as in force from time to time.\n (2) A reference in this instrument to the Transport Operations (Marine Pollution) Regulation 2018 (Qld) or the Transport Operations (Marine Safety) Regulation 2016 (Qld) is a reference to that law as in force at the time this instrument commences.\n\n A word or expression used in this instrument that is defined in the Zoning Plan has, in the application of this instrument to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.\n\n> Note: The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by this instrument.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.\n\n For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:\n\n For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared to be a protected species:\n (b) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife” or “near threatened wildlife” under the Nature Conservation Act 1992 (Qld);\n (c) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals in the species that are more than 1,000 millimetres long.\n\n For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 75(1)(b) or (c).\n\nDivision 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.\n\nDivision 7 provides for authorisations to be granted to allow activities that were prohibited by the Hinchinbrook Plan of Management 2004 to continue.\n\n (1) This section applies for the purposes of the definition of accredited educational or research institution in the Zoning Plan.\n (2) The Authority may, in writing, accredit an educational or research institution to conduct one or more of the following:\n\n> Note 1: For limited impact research (extractive) and limited impact research (non‑extractive), see the Dictionary to the Zoning Plan and sections 20 and 21 of this instrument. For limited educational program, see the Dictionary to the Zoning Plan.\n\n (i) damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or\n\n (2) The Authority may, in writing, accredit a harvest fishery for the Zoning Plan if the Authority is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.\n\n> Note 1: In the Zoning Plan, harvest fishery is defined in part as a fishery declared by the Regulations. For the list of harvest fisheries, see section 18.\n\n (a) the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or\n\n (1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.\n (a) for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:\n (b) for a commercial fisher—a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:\n (ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and\n (iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;\n (ii) possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).\n (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n\n (b) conducted in the Marine Park by an arm of the defence forces of a foreign country with the consent of the Commonwealth; or\n\n (1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:\n (a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)—the declaration, as in force from time to time;\n (ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)—the declaration, as in force from time to time;\n (d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:\n (i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and\n\n> Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).\n\n

Restricted species for fishing or collecting

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

2

Sphyrna mokarran

Great hammerhead shark

3

Sphyrna zygaena

Smooth hammerhead shark

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Frogfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentrididae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins and prettyfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Scorpionfishes, firefishes and lionfishes

39

Family Siganidae (all species)

Rabbitfishes

40

Family Tetraodontidae (all species)

Toadfishes and pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish

46

Phylum Porifera (all species)

Sponges

47

Subfamily Anthiinae (all species)

Anthias and basslets

48

Tribe Grammistini (all species)

Soapfishes

\n```\n\n For the purposes of the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Parts 1, 2, 3, 5, 8, 11, 12, 13, 14 and 15 of Schedule 7A to the Commercial Fisheries Regulation) are declared:\n\n> Note: This is not the only relevant limitation. The Zoning Plan refers to limited collecting only as a kind of fishing or collecting. The definition of fishing or collecting in the Zoning Plan provides for extra limitations, which are set out in subsection 17(1).\n\n (i) the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or\n (ii) the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n (d) taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;\n (e) taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;\n\n> Note: As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.\n\n (ii) without limiting subparagraph (i), if a declaration is in force under subsection (5)—the declaration, as in force from time to time;\n on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.\n\n> Note 1: If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.\n\n (a) no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and\n\n (ii) physical disturbance of a heritage value of a place (including physical disturbance of an artefact that is part of that value);\n (iii) taking (within the meaning of the Zoning Plan) of animals, plants or marine products, by means other than the use, for a visual survey, of non‑fixed transect tapes, or non‑fixed quadrats, that are attended at all times while in use; and\n (ii) the Authority has approved an environmental management plan in writing for a research station associated with the area;\n\n (b) the spearfishing is not engaged in, in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.\n\n (a) trapping (within the ordinary meaning of the expression) must be conducted only for the purpose of taking crabs, and only crabs may be taken;\n\n For the purposes of the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:\n\n For the purposes of the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the area declared is the area of the Marine Park bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.\n\n

Mission Beach Leader Prawn Broodstock Capture Area

Item

Description

1

The intersection of the mainland coastline at mean low water and the parallel 1739.009′S (at the point closest to 1739.009′S 14608.951′E)

2

East along the parallel 1739.009′S to longitude 14611.800′E

3

Southerly along the geodesic to 1752.810′S 14609.620′E

4

South‑easterly along the geodesic to 1803.920′S 14613.390′E

5

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 1801.970′S (at the point closest to 1801.970′S 14603.005′E)

6

Generally northerly along the mainland coastline at mean low water to the starting point

\n```\n\n (b) includes any activity in which a vessel is operated at a speed greater than 35 knots, except while transiting an area or from a place to another place.\n\n (1) For the purposes of the definition of netting in the Zoning Plan, the following limitations are prescribed (subject to subsection (2)):\n (ii) if the fisher possesses, while in the area, a relevant net (or a net that would be a relevant net if used as designed or intended), for taking fish for commercial purposes (unless the net is stowed or secured on a vessel);\n (h) subject to subsection (1A), a commercial fisher must not carry out netting in the net free south area using a relevant net to take fish for commercial purposes.\n (c) in the N11 fishery to take N11 fish without the fishery symbol N11 being written on the fisher’s licence other than for sale under the licence; or\n (d) in the net free north area under an N11 licence to take fish under the licence other than for sale under the licence; or\n (ii) under a licence for the net fishery (no. NX) issued for the purposes of the Queensland fisheries legislation using a mesh net; or\n (f) in the Eastern Skipjack Fishery (within the meaning of the Fisheries Management Regulations 2019) under a fishing permit granted under the Fisheries Management Act 1991 using a purse seine net.\n (1B) The net free north area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.\n\n

Net free north area

Item

Description

1

The northernmost point of Cape York at low water

2

Easterly along the geodesic to 10º40.91'S 145º00.06'E

3

South along the meridian to its intersection by the parallel 12º59.91'S

4

South‑easterly along the geodesic to 14º59.91'S 146º00.06'E

5

South‑easterly along the geodesic to 15º13.56'S 146º05.45'E

6

West along the parallel 15º13.56'S to the intersection by the coastline of the mainland at low water

7

Generally northerly along that coastline at low water to its intersection by the parallel 14º59.91'S

8

East along that parallel to its intersection by the meridian 145º22.96'E

9

Northerly along the geodesic to 14º55.11'S 145º22.16'E

10

West along the parallel to its intersection by the meridian 145º18.00'E

11

South along that meridian to its intersection by the coastline of the mainland at low water

12

Generally north‑westerly along that coastline at low water to the starting point

\n```\n\n> Note: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n In the Zoning Plan, photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.\n\n (b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species, (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);\n (c) each species of marine mammal, bird or reptile that is prescribed as “critically endangered wildlife”, “endangered wildlife”, “near threatened wildlife” or “vulnerable wildlife” under the Nature Conservation Act 1992 (Qld);\n (d) each species of the genus Epinephelus (other than E. tukula or E. lanceolatus), but only in relation to individuals of the species that are more than 1,000 millimetres long;\n\n> Note: The table may not list all protected species, as other species may be protected species because of paragraph (b) or (c) (which cover certain species listed or prescribed under other Commonwealth and Queensland laws).\n\n

Protected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Giant helmet shell

3

Charonia tritonis

Trumpet triton

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, seadragons, pipefishes and ghost pipefishes

5

Family Pristidae (all species)

Sawfishes

6

Epinephelus lanceolatus

Queensland groper

7

Epinephelus tukula

Potato rockcod

8

Cheilinus undulatus

Humphead Maori wrasse

9

Chromileptes altivelis

Barramundi cod

10

Rhincodon typus

Whale shark

11

Carcharias taurus

Grey nurse shark

12

Carcharhinus falciformis

Silky shark

12A

Carcharhinus longimanus

Oceanic whitetip shark

13

Carcharodon carcharias

White shark

14

Glyphis glyphis

Speartooth shark

15

Isurus oxyrinchus

Shortfin mako shark

16

Isurus paucus

Longfin mako shark

17

Lamna nasus

Porbeagle shark

18

Manta alfredi

Reef manta ray

19

Manta birostris

Giant manta ray

20

Mobula eregoodootenkee

Pygmy devilray

21

Mobula japanica

Japanese devilray

22

Mobula thurstoni

Bentfin devilray

23

Sphyrna lewini

Scalloped hammerhead shark

Marine reptiles

24

Genus Crocodylus (all species)

Crocodiles

25

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

26

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

27

Family Dermochelyidae

Leatherback turtle

Birds

28

Class Aves (all species)

Birds

Marine mammals

29

Families Otariidae and Phocidae (all species)

Seals

30

Dugong dugon

Dugong

31

Order Cetacea (all species)

Whales and dolphins

\n```\n\n For the purposes of the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:\n (d) a declaration made by the Chief Executive under that Act, to the extent that the declaration applies in the Marine Park.\n\n (ii) the total length of the tow, from the stern of the towing vessel to the aft end of the tow, is more than 150 metres;\n (h) a vessel of the armed service of a foreign country, if the vessel is in the Marine Park with the consent of the Commonwealth; or\n\n For the purposes of the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:\n\n (2) In the Zoning Plan, traditional owner group, in relation to a site or area of the Marine Park, means the group of Traditional Owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.\n\n (c) subject to paragraphs (a) and (b), the apparatus used to trap crabs, and the take of crabs, must be in accordance with the relevant provisions of Queensland fisheries legislation.\n\n For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the requirements of the Queensland fisheries legislation relating to trawling are complied with.\n\n For the purposes of paragraph (c) of the definition of trolling in the Zoning Plan, the limitation prescribed is that the vessel that is underway:\n\n In the Zoning Plan, vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:\n (b) that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and\n\n (a) fishing involving line fishing using more than 6 hooks per line (other than for the purposes of research or management of the Marine Park);\n (b) except in relation to paragraph 2.2.4(o) of the Zoning Plan—aquaculture operations that involve the addition of feed;\n\n> Note: The effect of this section is that these activities are prohibited in the Zones mentioned in subsection (1) (see the definition of prohibited in subsection 3(1) of the Act).\n\n (1) For the purposes of subsection 4.2.3(1) of the Zoning Plan, each subsection (except subsection (1)) in each of sections 44 to 53 is expressed to be a special management provision.\n\n> Note: See sections 38BA and 38BB of the Act for an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes a special management provision.\n\n (2) A reference in this Division to a particular Special Management Area is a reference to the area of that name as declared in Schedule 5.\n (3) A reference in this Division to a particular kind of Special Management Area is a reference to the areas of that kind as declared in Schedule 5.\n\n (1) Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.\n (2) A person must not use a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table for the purposes of carrying out the netting or bait netting (within the ordinary meaning of those expressions) specified in column 2 of that item.\n\n

Special management provisions for Species Conservation (Dugong Protection) SMAs

Item

Column 1

If the Species Conservation (Dugong Protection) SMA is any of the following:

Column 2

a person must not, in the SMA:

1

(a) Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA;

(b) Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA;

(c) Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA;

(d) Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA;

(e) Upstart Bay Species Conservation (Dugong Protection) SMA;

(f) Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA;

(g) Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

(h) Bowling Green Bay Species Conservation (Dugong Protection) SMA (excluding the area described in clause 3 of Schedule 5);

(i) Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

(j) Repulse Bay Species Conservation (Dugong Protection) SMA;

(k) Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA;

(l) Llewellyn Bay Species Conservation (Dugong Protection) SMA;

(m) Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA;

(n) Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

(a) use a mesh net with a mesh size of more than 45 millimetres; or

(b) fix more than 1 part of a mesh net if all of the net is in nearshore waters; or

(c) fix any part of a mesh net if part of the net is in offshore waters; or

(d) use a set mesh net; or

(e) use a net that is neither fixed nor hauled.

2

Shoalwater Bay Species Conservation (Dugong Protection) SMA

use any net, other than a cast net.

\n```\n\n> Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).\n\n (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).\n (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:\n (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).\n\n> Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.\n\n> Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.\n\n (1) Each area described in clause 5 of Schedule 5 is designated as a Seasonal Closure (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling (within the ordinary meaning of the expression) during the months of January to August (inclusive) in a year.\n (3) A dory in a Seasonal Closure (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times during those months.\n\n (1) Each area described in clause 6 of Schedule 5 is designated as a No Dories Detached (Offshore Ribbon Reefs) SMA in accordance with that clause.\n (2) A dory in a No Dories Detached (Offshore Ribbon Reefs) SMA must be physically attached to its primary commercial fishing vessel at all times.\n\n (1) Each area described in clause 7 of Schedule 5 is designated as a Restricted Access SMA in accordance with that clause.\n (2) A Restricted Access SMA must not be used or entered without the written permission of the Authority unless the use or entry:\n (3) The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:\n (a) if any equipment normally used for fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) is stowed or secured; and\n (4) The Australian Institute of Marine Science, or a person acting with its written approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the Institute if:\n (5) The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station used by the University if:\n\n (1) Each area described in clause 8 of Schedule 5 is designated as a Public Appreciation SMA in accordance with that clause.\n (2) Subsection (3) applies to any Public Appreciation SMA (other than a part of the Whitsundays Public Appreciation SMA that is not in the Conservation Park Zone).\n\n (1) Each area mentioned in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is designated as a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the area followed by the words “No Dories Detached (Marine National Park Zone) SMA”.\n (2) A dory in a No Dories Detached (Marine National Park Zone) SMA must be physically attached to its primary commercial fishing vessel at all times except if:\n (b) the dory is used to provide assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure; or\n (i) the dory is used to convey a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land;\n (ii) throughout the journey, the primary vessel remains within one nautical mile of both the dory and the land (not including any coral reefs); or\n (d) the dory is in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stays within 500 metres of a fishing industry service vessel for which a permission is in force.\n\n (1) Each area mentioned in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is designated as a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Conservation Park Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Conservation Park Zone) SMA at any time.\n\n (1) Each area mentioned in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan, except for the areas described in clause 6 of Schedule 5 (No Dories Detached (Offshore Ribbon Reefs) SMAs) is designated as a One Dory Detached (Buffer Zone) SMA having as its name the name of the area followed by the words “One Dory Detached (Buffer Zone) SMA”.\n (2) No more than one dory is to be detached from its primary commercial fishing vessel in a One Dory Detached (Buffer Zone) SMA:\n (b) in a Seasonal Closure (Offshore Ribbon Reefs) SMA described in clause 5 of Schedule 5—at any time during September, October, November and December in a year.\n\n (1) The area described in clause 9 of Schedule 5 is designated as the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.\n (2) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) within the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA except if the person is:\n\n (1) Each area described in clause 10 of Schedule 5 is designated as a Maritime Cultural Heritage Protection SMA in accordance with that clause.\n (2) A person must not do any of the following in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority:\n (3) A person must not undertake fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in a Maritime Cultural Heritage Protection SMA.\n\n (1) For the purposes of subsection 4.2.1(2) of the Zoning Plan, the Authority may, by legislative instrument, designate a Special Management Area under that subsection without public consultation if the designation is required for a purpose referred to in section 4.2.2, except paragraph 4.2.2(d) or (g) of the Plan.\n (4) The Authority must, as soon as practicable, publish a notice of the designation in one or more of the following ways:\n (b) in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;\n (5) The notice must also state that it is an offence to fail to comply with the special management provisions that apply to the area.\n (b) if, before the end of that period, the Authority extends or reduces that period in accordance with subsection 55(2)—the period determined by the Authority under that subsection.\n\n> Note: The species mentioned are pipefish, of the family Syngnathidae. All other species of that family are otherwise protected (see section 30).\n\n (2) If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).\n (a) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and\n (b) must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.\n\n For the purposes of paragraphs 66(2)(b) and (j), and subsection 66(11), of the Act, a person commits an offence of strict liability if:\n\n> Note: Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.\n\n (a) the person engages in fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in the Marine National Park Zone; and\n\n> Note: Paragraph 2.7.3(b) of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in this instrument.\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (c) when the dory is in a non‑fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.\n\n (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.\n\n (3) Subsections (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:\n (i) the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;\n (i) the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;\n (ii) at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);\n\n> Note: A defendant bears an evidential burden in relation to a matter mentioned in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n#### 63 Multiple dories in Buffer Zone or Conservation Park Zone—offence by master of vessel, or licence or permission holder\n\n (ii) holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n\n (i) 2 or more of those dories are in the Buffer Zone, or 2 or more of those dories are in the Conservation Park Zone; and\n (iv) the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this section.\n\n This Division provides, for the purposes of paragraph 66(2)(u) of the Act, for authorisations to do an activity in the Hinchinbrook Planning Area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Hinchinbrook Plan of Management 2004.\n\n (1) The holder of an existing permission (and only the holder) may apply to the Authority for a Hinchinbrook authorisation to do an activity in the Hinchinbrook Planning Area if:\n (a) but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004, the existing permission would authorise the holder to do the activity in the area; and\n\n (1) The Authority may, in writing, ask an applicant for a Hinchinbrook authorisation to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.\n\n (c) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act.\n\n (1) If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.\n (2) The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004, authorise the holder to do the activity.\n (3) Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004).\n (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and\n (c) any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).\n (a) if the decision was to grant a Hinchinbrook authorisation—the details of the existing permission to which it is attached; and\n (b) if the Hinchinbrook authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and\n (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:\n (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the Administrative Review Tribunal for review of that decision.\n\n (1) A decision to grant a Hinchinbrook authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.\n (2) A decision to refuse to grant a Hinchinbrook authorisation, or to grant a Hinchinbrook authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.\n (3) The permission holder may continue to carry on the relevant activity in accordance with the permission until a decision to which subsection (2) applies has effect.\n\n> Note: Clause 2.11 of the Hinchinbrook Plan of Management 2004 permits the permission holder to continue the activity until the Authority makes a decision on an application even though the Plan prevents the activity, or regulates the activity in a way that was inconsistent with the permission.\n\n Except as otherwise provided in this instrument, a Hinchinbrook authorisation is part of the existing permission mentioned in the notice under subsection 69(5) to which it is attached.\n\n (1) A Hinchinbrook authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.\n (2) A permission holder may surrender a Hinchinbrook authorisation without surrendering the existing permission to which it is attached.\n\n (1) The Authority may vary a condition to which a Hinchinbrook authorisation is subject at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to achieving the objects of the Act.\n (2) Subsection 33(3) (power to vary instruments) of the Acts Interpretation Act 1901 does not apply in relation to a condition to which a Hinchinbrook authorisation is subject.\n\n (3) This section does not otherwise affect the power to vary a Hinchinbrook authorisation under subsection 33(3) of that Act.\n\nThis Division is made for the purposes of sections 38AA, 38BA, 38BB, 38BD, 38CA, 38DD, and paragraphs 66(2)(f), (p), (r), (u) and (uc), of the Act.\n\nUnder this Part, a person may apply for a permission (including a special permission) to engage in proposed conduct relating to the Marine Park. The requirement to hold a permission may be in the Act, the Zoning Plan or this instrument.\n\nBefore deciding whether to grant a permission, and whether to impose any conditions on the permission, the Authority must decide how to assess the relevant impact of the proposed conduct. The method of assessment may include routine or tailored assessment, or assessment by public information package, public environment report or environmental impact statement.\n\nA condition in a permission may authorise a permission holder to grant an authority under the permission to another person to carry out any activity that the permission allows.\n\nA permission granted to a person may be transferred to another person with the approval of the Authority. There are obligations to report a change in beneficial ownership of a company that is granted a permission.\n\nAdverse decisions relating to permissions may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (a) a permission for the purposes of section 38AA of the Act to engage in mining operations or geological storage operations;\n (b) a permission referred to in sections 38BA and 38BB of the Act for the purposes of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);\n (c) a permission referred to in section 38BD of the Act for the purposes of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;\n (f) a permission for the purposes of subsection 47(2) of this instrument to use or enter a Restricted Access SMA mentioned in subsection 47(1);\n (g) a permission for the purposes of subsection 53(2) of this instrument in relation to a Maritime Cultural Heritage Protection SMA mentioned in subsection 53(1).\n\n (b) making an application (whether or not in writing) in the circumstances, and in the manner, approved by the Authority.\n\n> Note: Section 83 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.\n\n (1) After receiving an application for a permission, the Authority must decide whether it was made in accordance with section 76.\n (2) The Authority must give notice of its decision to the applicant. The notice must be in writing for an application made under paragraph 76(1)(a).\n (3) If the Authority decides that the application was not made in accordance with section 76, the Authority must not deal further with the application unless:\n (b) the matters that caused the application not to be made in accordance with section 76 are rectified within 30 business days from the day stated in the notice of the decision.\n (ii) if the application is a continuation application—the Authority will not deal further with the application unless those matters are rectified within 30 business days from the day stated in the notice under paragraph (a).\n\n (1) For the purposes of making one or more decisions under this Part relating to an application for a permission, the Authority may (subject to subsection (4)) request, in writing, that the applicant give to the Authority specified additional information or a specified additional document.\n (2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:\n (b) the Environmental Protection Act 1994 (Qld), Queensland planning legislation or the State Development and Public Works Organisation Act 1971 (Qld).\n (3) The application is taken to have been withdrawn if the additional information or document is not provided to the Authority before the end of:\n (4) The Authority must not make a request under subsection (1) after deciding under Subdivision A of Division 3 that the approach of routine assessment must be used for assessing the relevant impacts of the proposed conduct (unless the Authority has revoked that decision).\n\n A person who makes an application under section 76 may (subject to section 80), by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.\n\n (1) If an event that relates to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as described in column 1 of an item of the following table happens in relation to an EPBC referral deemed application, the application is taken to be withdrawn at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be withdrawn

Column 1

Event causing application to be taken to be withdrawn

Column 2

Time application is taken to be withdrawn

1

The Minister administering the EPBC Act decides under subsection 74A(1) of that Act not to accept the referral

When that Minister makes the decision

2

The Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral

When that Minister makes the decision

3

The Minister administering the EPBC Act decides under section 133 of that Act to refuse to approve the taking of the action

When that Minister makes the decision

4

A request is made under section 156A of the EPBC Act for the Minister administering that section to accept a varied proposal such that 37AB of the Great Barrier Reef Marine Park Act 1975 would not apply in relation to the proposal if the request were accepted

When the request is made

5

Chapter 4 (except section 155) of the EPBC Act ceases to apply to the action because of a declaration made by the Minister administering that Act under section 155 of that Act

When the Chapter ceases to apply

6

The referral is withdrawn under section 170C of the EPBC Act

When the referral is withdrawn

\n```\n\n> Note: Subdivision D of Division 4 also treats an application as withdrawn if the Authority decides the application is to be assessed by public information package, public environment report or environmental impact statement and the applicant does not promptly follow the processes for that assessment.\n\n (2) Despite subsection (1), if the application is taken to be withdrawn and the circumstances described in column 1 of an item of the following table later exist in relation to the referral, the application is taken to be reinstated at the time described in column 2 of the item.\n\n

When EPBC referral deemed application is taken to be reinstated

Column 1

Circumstances of reinstatement of application

Column 2

Time application is taken to be reinstated

1

The application is taken to be withdrawn because the Minister administering the EPBC Act decides under section 74B of that Act that Division 1A of Part 7 of that Act should apply to the referral, and that Minister later decides under paragraph 74D(4)(b) of that Act that the referral is to be dealt with under provisions of Chapter 4 of that Act

When that Minister makes the later decision

2

The application is taken to be withdrawn because a request is made under section 156A of the EPBC Act, and the Minister administering that Act later decides not to accept the varied proposal

When that Minister makes the later decision

\n```\n\n (3) However, the application is not taken to be reinstated at a time if that time is after the time one of the following events occurred or would have occurred apart from the application being taken under subsection (1) to be withdrawn:\n (a) the application is taken to be withdrawn under section 101 (withdrawal of applications for failure to advertise for public comment) or 102 (Authority may require action on assessment process and declare application withdrawn for failure to comply);\n\n (1) This Subdivision provides for the process of seeking expressions of interest in relation to applications for special permissions.\n (2) This Subdivision also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.\n\n (2) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.\n but is not a private mooring of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or\n (i) the private mooring is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008, but is not a private mooring of a kind mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or\n (ii) the permission is a permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998; or\n (c) the private mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004, but the private mooring is not of a kind referred to in subclause 1.29(1) of the Hinchinbrook Plan of Management 2004.\n\n (2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management or this instrument, and the permission:\n (b) if granted previously—will not be in force at the time the entitled person is granted under section 111 the permission the person applied for.\n\n> Note 1: A permission might no longer be in force because the period specified in the permission has ended or the permission has been surrendered or revoked.\n\n> Note 2: The process of seeking expressions of interest must occur before the granting of the special permission, except if subsection (3) applies (see section 84).\n\n (3) A person is not required to be declared an entitled person under this Subdivision in order to apply for a special permission if:\n (a) the person holds a special permission and, before the end of the period specified in the permission as the period (the specified period) during which the permission is in force, the person applies under section 76 to replace the permission with a permission of the same kind; or\n (ii) the Authority, under subsection (4) of this section, decides to treat the application as having been made before the end of the specified period; or\n (4) For the purposes of subparagraph (3)(b)(ii), the Authority may decide to treat the application as having been made before the end of the specified period if the Authority considers that special circumstances specified in writing by the applicant justify its doing so.\n\n (1) Before granting a special permission under section 111, the Authority must publish a notice (the EOI notice) inviting expressions of interest in the permission (except if the permission is to be granted to a person covered by subsection 83(3)).\n (b) in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the conduct for which permission is sought is to occur.\n\n (1) In deciding under section 87 who is an entitled person for a special permission mentioned in an EOI notice, the Authority must only consider expressions of interest that are:\n (2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 84(3)(e).\n\n (a) must rank each expression of interest that satisfies all of the criteria mentioned in the EOI notice in order of merit on the basis of those criteria; and\n (2) If only one expression of interest satisfies all of the criteria mentioned in the EOI notice, that expression of interest is the highest ranked expression of interest.\n (a) the person’s expression of interest for a special permission was not the highest ranked expression of interest for the permission; or\n\n As soon as practicable after ranking expressions of interest under section 86, the Authority must, in writing, declare, for each kind of special permission set out in the EOI notice, the person who lodged the highest ranked expression of interest to be the entitled person for the permission.\n\n> Note: The Authority might declare more than one person to be the entitled person if a person previously declared to be the entitled person ceases to be an entitled person under section 89.\n\n (1) A declaration under section 87 that a person is the entitled person for a special permission must be given to the person as soon as practicable after:\n (a) the Authority ranks the person’s expression of interest as the highest ranked expression of interest for the permission; or\n (b) the person’s expression of interest becomes the highest ranked expression of interest for the permission because another person ceases to be the entitled person for the permission under section 89.\n (c) state that the person must make the application within 15 business days after that day or the person will cease to be the entitled person for the permission.\n\n (1) A person declared to be the entitled person for the special permission under section 87 ceases to be the entitled person if the person:\n (2) If a person (the previously entitled person) ceases to be the entitled person for the special permission, the person whose expression of interest for the permission was ranked immediately after that of the previously entitled person is taken, for the purposes of section 87, to have lodged the most highly ranked expression of interest.\n\n (b) for a continuation application that was not made in accordance with section 76—all matters indicated in the notice of the decision were rectified within 30 business days from the day stated in the notice.\n\n (1) Before considering whether to grant or refuse the permission, the Authority must decide, in accordance with section 92, which one of the following approaches must be used for assessing the relevant impacts of the proposed conduct:\n\n> Note: The Authority may, under section 78, request additional information before deciding whether to grant or refuse the permission only if the Authority decides that tailored assessment or assessment under Subdivision B or C must be used.\n\n (2) The Authority may revoke a decision (the old decision) previously made under this section that a particular approach must be used and substitute a new decision made in accordance with section 92 that a different approach must be used, if:\n (b) the Authority is satisfied that the extra information (in conjunction with information the Authority had before the old decision) justifies the new decision.\n\n In deciding which approach must be used for assessing the relevant impacts of the proposed conduct, the Authority must consider:\n (a) information the Authority has about those impacts (including information about the scale and complexity of those impacts); and\n (i) require consideration of matters other than those set out in section 103 in deciding whether to grant the permission; or\n (d) if the application is an EPBC referral deemed application involving an action—any decision made under subsection 87(1) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the action.\n\n (b) if paragraph (d) applies—because the information was provided to the Authority by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or by the Department administered by that Minister; or\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that assessment by public information package must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision).\n\n (i) specified information relating to the application (which may include information relating to the relevant impacts of the proposed conduct); and\n (ii) an advertisement inviting interested persons to make written comments to the Authority about the application within a period for comment of not less than 20 business days specified in the PIP terms, and setting out the manner in which any such comments must be given; and\n (2) The PIP terms must require the advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PIP terms may also require publication of the advertisement in other ways.\n\n (a) any comments received in response to any of the actions described in paragraphs 94(1)(a) and (b) and subsection 94(4); or\n (b) deal with the fact that no such comments are received by stating in a document given to the Authority that there were no such comments.\n\n This Subdivision applies if the Authority has decided under section 91, in relation to an application for a permission, that:\n\n (a) preparing a draft public environment report or draft environmental impact statement (as the case requires) (the draft document) about the relevant impacts of the proposed conduct; and\n (ii) an advertisement (the proposed conduct advertisement) inviting interested persons to make written comments to the Authority about the draft document or the proposed conduct within a period for comment of at least 20 business days specified in the terms of reference, and setting out the manner in which any such comments must be given; and\n (d) other steps (if any) to be taken by the applicant to seek comments about the draft document or the proposed conduct; and\n (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and section 99 (publication of proposed conduct advertisement by Authority) or with the fact that no such comments are received; and\n (f) finalising the public environment report or environmental impact statement (as the case requires) (the finalised document), taking account of any such comments, and including in the finalised document a summary of any such comments and the way in which they are addressed in the finalised document; and\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n (3) In preparing the terms of reference the Authority must seek to ensure that the draft document will contain enough information about the proposed conduct and its relevant impacts to allow:\n (a) a reader of the draft document to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and\n (4) The terms of reference must require the proposed conduct advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The terms of reference may also require publication of the proposed conduct advertisement in other ways.\n\n (a) the applicant does not publish the advertisement within the period specified in the terms of reference (see section 101); or\n\n (1) The applicant must give the Authority a copy of the proposed conduct advertisement before the applicant publishes it.\n\n (b) under section 100, the Authority notifies the applicant that guidelines given to the applicant under section 96A or 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n (i) assessment by public environment report must be used, and PER guidelines have been given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999; or\n (ii) assessment by environmental impact statement must be used, and EIS guidelines have been given to the applicant under section 101A of that Act.\n (2) The Authority may give the applicant written notice that the guidelines also apply for the purposes of assessing the relevant impacts of the proposed conduct.\n\n> Note: The Authority may declare that the application is taken to be withdrawn if the applicant delays acting in accordance with the guidelines (see section 102).\n\n If an applicant is required under this Division to publish an advertisement inviting comment, and does not do so before the end of the required period, the application is taken to be withdrawn at the end of the period.\n\n (a) the Authority has decided in relation to an application for a permission that one of the following approaches must be used for assessing the relevant impacts of the proposed conduct (and has not revoked the decision):\n (b) the applicant does not comply with the relevant Subdivision within a period that the Authority believes is reasonable, having regard to:\n (ii) any comments about the application or the proposed conduct that have been received in response to any action taken under that Subdivision.\n (2) The Authority may give the applicant a written notice inviting the applicant to satisfy the Authority within a specified reasonable period that assessment of the application should continue.\n (3) If, by the end of the specified period, the applicant fails to satisfy the Authority that assessment of the application should continue, the Authority may declare in writing that the application is taken to be withdrawn on a day specified in the declaration (which must not be earlier than the day the declaration is made).\n\n The Authority must consider the following in deciding whether to grant a permission on an application, and whether or not to impose any conditions on the permission:\n (b) if the proposed conduct will take place in a specific area of the Marine Park to which a legislative instrument under the Act (whether this instrument or another instrument), or a provision of such a legislative instrument, applies—that instrument or provision;\n\nNote: Some examples of legislative instruments under the Act other than this instrument are a zoning plan and a plan of management. Some examples of provisions are special management provisions of this instrument for SMAs (such as sections 108 and 187).\n\n (c) whether the applicant for the permission is a suitable person to hold a permission for the proposed conduct, having regard to:\n (iii) if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (d) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;\n (j) a law of the Commonwealth or of Queensland as in force from time to time, or a relevant plan (as in force from time to time) made under such a law, that:\n (k) if the proposed conduct also requires an approval under the Environment Protection and Biodiversity Conservation Act 1999:\n (i) whether the approval has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and\n (ii) any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval;\n (l) if the proposed conduct also requires an approval or a permission (however described) under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted;\n (m) any recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, that is relevant to the proposed conduct;\n (n) any international agreement to which Australia is a party, or any agreement between the Commonwealth and a State or Territory, that is relevant to the proposed conduct;\n (o) any policies that are relevant to the proposed conduct and the management of the Marine Park or of its environment, biodiversity or heritage values and are:\n (ii) adopted by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999;\n\n> Note 1: Some other provisions of this instrument (such as subsections 105(2), 106(2) and 108(5)) require consideration of additional matters for applications for particular permissions.\n\n> Note 2: This section does not apply in relation to an application for a permission to camp on a Commonwealth island (see section 110).\n\n (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.\n\n> Note: The Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commenced on 2 June 2015.\n\n (1) The Authority must not issue a permission for conduct that is the subject of an application for a permission that relates to, or involves, the taking of a protected species (within the meaning of the Zoning Plan) unless the Authority is satisfied that:\n (a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and\n (i) to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is not prohibited by or under the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the conduct is of particular significance to the traditions of Traditional Owners and will not adversely affect the survival or recovery in nature of the protected species;\n (iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.\n (2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or a swimming‑with‑whales activity, the Authority must also consider whether the conduct will adversely affect:\n (3) The matters mentioned in subsections (1) and (2) are additional to the matters that the Authority must consider under section 103.\n\n#### 106 Limits on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area\n\n (1) The Authority must not grant a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:\n (i) demonstrates, or has previously demonstrated, by producing logbook records and receipts for broodstock from an aquaculture facility, that the person has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and\n (ii) holds a primary commercial fishing licence under the Queensland fisheries legislation that authorises trawling in the Mission Beach Leader Prawn Broodstock Capture Area; and\n (iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and\n (iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to vessel tracking equipment; and\n (2) The matters mentioned in subsection (1) are additional to the matters that the Authority must consider under section 103.\n\n#### 107 Limit on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number\n\n (1) The Authority must not grant a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area if doing so would result in there being more than 9 permissions of that kind in force at one time.\n (2) The matter mentioned in subsection (1) is additional to the matters that the Authority must consider under section 103.\n\n (1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:\n (a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and\n (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).\n (2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:\n (a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or\n (b) for a continuation application—be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).\n (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and\n (b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).\n (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;\n (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).\n (5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.\n\n#### 109 Limits on granting permissions to enter or use Maritime Cultural Heritage Protection SMAs—special management provisions\n\n The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA except for one or more of the following purposes:\n (d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;\n\n (1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.\n (2) To avoid doubt, the matters that the Authority must consider under section 103 do not apply to the decision whether to grant the permission.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (b) the person has complied with any requirement or request by the Authority about the application and, if relevant, with Subdivision B or C of Division 4 (acting in accordance with terms of reference or guidelines for assessing the relevant impacts of the proposed conduct).\n (2) In making the decision, the Authority must take into account the matters that the Authority is required to take into account under the Act and this Part.\n\n (1) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless:\n (a) the action has been determined, under section 75 of the Environment Protection and Biodiversity Conservation Act 1999, not to be a controlled action; or\n (b) if the action has been determined to be a controlled action—the action has been approved under section 133 of the Environment Protection and Biodiversity Conservation Act 1999.\n (a) if paragraph (1)(a) applies—within a reasonable period after the making of the determination mentioned in that paragraph; and\n\n (b) if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate;\n\n (1) A permission remains in force (subject to section 116) for the period specified in the permission, unless it is revoked or surrendered before the end of that period.\n (2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.\n\n (b) for a continuation application made before the end of the period specified in the original permission as the period for which the permission is in force:\n (ii) the continuation application has not been withdrawn under Subdivision D of Division 2 or Subdivision D of Division 3 before the end of that period.\n (2) The original permission is taken always to have been in force, and remains in force until the first of the following events occurs:\n (3) Any Hinchinbrook authorisation attached to the original permission is taken to remain in force as long as the original permission is in force under subsection (2).\n\n (a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;\n (b) a condition requiring the preparation, the submission for approval by the Authority, and the implementation, of a plan for avoiding, mitigating or offsetting the relevant impacts of the permitted conduct;\n (d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to achieving the objects of the Act;\n (f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);\n (h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or this instrument;\n (j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).\n (3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.\n\n (1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.\n (2) The holder of the permission may give such an authority, unless doing so would contravene another condition of the permission.\n (a) the permission is, for the purposes of this instrument, taken to authorise the person to carry out that activity, subject to any conditions set out in the permission that relate to the carrying out of that activity; and\n (c) the giving of the authority does not prevent the carrying out of any activity by the permission holder at any time that the person is not carrying out the activity; and\n (d) the permission is taken not to authorise the permission holder to carry out the activity at the same time as the person.\n\n (b) the transfer is to occur 20 business days or less before the expiry of the period for which the permission is in force.\n (3) The Authority is not required to consider or further consider the application if the application does not comply with subsection (2).\n (4) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision that the application does not comply with subsection (2), stating:\n (6) The Authority is not required to consider or further consider the application while the permission is, or is taken to be, in force under section 116.\n (7) If the permission ceases to be in force under that section because the Authority grants a new permission under section 111, the Authority may further consider the application as if the application were an application to transfer the new permission.\n\n (i) the proposed transferee’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (iii) if the proposed transferee is a body corporate—the history of its executive officers in relation to environmental matters; and\n (iv) if the proposed transferee is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (v) whether the proposed transferee owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (b) whether the transferor owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purposes of assessing the transferor’s application under section 119, the Authority may, in writing, request the transferor or the transferee (the notice recipient) to give to the Authority specified additional information or specified additional documents.\n (2) The application is taken to have been withdrawn if the information or documents have not been given to the Authority before the end of:\n\n#### 122 Transfer of permissions related to approval under the Environment Protection and Biodiversity Conservation Act 1999\n\n The Authority must not approve the transfer of a permission that relates to an action that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless consent has been given to the transfer of the approval under section 145B of that Act.\n\n (1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission before the end of 20 business days after:\n (b) if the application is incomplete and a notice was given to the transferor under subsection 119(4)—the matters specified in the notice have been dealt with before the end of the period specified in subsection 119(5); or\n (c) if the Authority has requested additional information or documents under section 121—the Authority receives the additional information or documents in accordance with that section.\n (3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) that has the same effect and the same conditions as the permission held by the transferor, unless otherwise agreed by the transferee.\n (b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any conduct that is permitted by the permission;\n (c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);\n (d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or this instrument.\n\n (1) Any Hinchinbrook authorisation that is attached to, or authority given under, a permission whose transfer is approved under section 123 is taken to have been given with the same effect when the new permission is granted.\n (2) To avoid doubt, a Hinchinbrook authorisation or authority cannot be transferred separately from the permission to which it is attached or under which it is given.\n\n (1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.\n\n (a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or\n\n (1) The Authority may, by written notice given to a changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in section 127.\n (2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company, or modify the conditions of the permission, if the information is not provided to the Authority before the end of:\n (a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission, or modifying the conditions of the permission; and\n (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or any longer period specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked, or the conditions should not be modified.\n (4) In deciding whether or not to suspend or revoke the permission, or modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) If the Authority receives a notice under section 125 in relation to a changed company, it may modify the conditions of, or suspend or revoke, the permission held by the changed company on the ground that the changed company is not a suitable person to hold the permission (subject to the conditions to which it was subject before the change in beneficial ownership of the company), having regard to:\n (a) the changed company’s capacity to engage in and manage, to the Authority’s satisfaction, the conduct permitted by the permission; and\n (b) the changed company’s history in relation to environmental matters (including that history before the company changed); and\n (c) the history of the changed company’s executive officers in relation to environmental matters (including that history before the company changed); and\n (d) if the changed company is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (e) whether the changed company, or an executive officer of the changed company, owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n (2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.\n (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or\n (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person’s application for the permission; or\n (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or\n (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or\n (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.\n (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and\n (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.\n\n (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or\n (c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or\n (d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.\n (b) specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n\n (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:\n (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:\n (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.\n\n (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:\n (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;\n (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;\n (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;\n (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;\n (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.\n (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n\n (1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:\n (b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;\n (c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder’s application for the permission;\n (d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;\n (e) if the permission has been suspended under section 131—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;\n (f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;\n (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise.\n (3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:\n (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and\n (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.\n (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.\n (5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.\n\n (a) the Authority has revoked a permission (the revoked permission) because the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and\n\n (a) the person holds a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and\n\n (c) the person is required to give a notice under section 125 relating to a change in the beneficial ownership of the person; and\n\n (a) who was the holder of a permission, an authority given under a permission, or a Hinchinbrook authorisation attached to a permission; and\n (b) who failed to comply with a condition of the permission, authority or authorisation while the permission was in force;\n may be convicted of an offence for failing to comply with the condition although the permission, authority or authorisation has been revoked or has otherwise ceased to be in force.\n\n (a) in respect of conduct engaged in by a person in an area covered by a zoning plan (a later zoning plan) prepared in accordance with Division 2 of Part V of the Act during the first 120 days after the day on which the plan comes into operation:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that would otherwise require permission after the plan comes into operation;\n (b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan, or a later zoning plan, during the first 120 days after the day on which an amendment of the Zoning Plan or later zoning plan commences:\n (iii) that conduct does not involve fishing (within the meaning of the Act) or collecting (within the ordinary meaning of the expression) in that area that requires permission after the amendment commences;\n (c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan or a later zoning plan after the end of a period mentioned in paragraph (a) or (b):\n (iv) the person applied for the permission in accordance with this instrument or any other instrument made for the purposes of the Act; and\n (v) the person complies with any requirement or request made by the Authority under the Act, this instrument, or any other instrument made for the purposes of the Act, the Zoning Plan or a later zoning plan, in relation to the application; and\n\n (2) Subsection (1) does not affect a permission to the extent that the permission deals with any other activity (whether or not the activity is in the Whitsunday Planning Area).\n (a) for the purposes of subsections 83(3) and 116(1), whether a replacement permission or further permission is a permission of the same kind; or\n (4) Subsection (1) applies, for the permission set out in permit G14/36918.1 and the person that held the permission on 2 August 2017, in relation to carrying out the activity of reef walking at Langford Reef only on and after 1 June 2020.\n\n (b) reef walking at Langford Reef under any permission arising from transferring or renewing that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).\n\nA TUMRA is a Traditional Use of Marine Resources Agreement. The Zoning Plan allows various zones in the Marine Park to be used or entered in accordance with an accredited TUMRA. This Part provides for the accreditation of a TUMRA. A further approval may be required if an accredited TUMRA is modified.\n\nAdverse decisions relating to TUMRAs may be reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act, (see Part 15 of this instrument).\n\n (1) An individual (the applicant), or an authorised representative (also the applicant) of an individual, may, on behalf of a Traditional Owner group, apply to the Authority for accreditation of a TUMRA that covers the group.\n (4) The Authority is not required to consider or further consider an application if the application does not comply with the requirements of subsection (3).\n (5) The Authority must give the applicant a written notice, within 10 business days after the day the Authority makes a decision under subsection (4), stating:\n (7) Despite subsection (6), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n (8) Nothing in this section prevents a group of individuals from making a joint application for accreditation of a TUMRA under subsection (1), but all of the individuals must be members of a Traditional Owner group covered by the TUMRA.\n\n (ii) if those species include one or more protected species—identify how many specimens of each protected species are proposed to be harvested;\n (f) describe the management arrangements proposed by the Traditional Owner group for implementing the TUMRA, including the proposed role of the Traditional Owner group in ensuring compliance with the TUMRA;\n (g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;\n (h) describe the process used to develop the TUMRA by the Traditional Owner group, including any consultation with government authorities and other interested persons.\n\n (2) Individuals may be identified, for the purposes of paragraph (1)(b), by name, family, clan, Traditional Owner group or other means used by the group to identify members of the group.\n\n (1) For the purposes of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) An application under section 141 for accreditation of a TUMRA may be withdrawn, by written notice given to the Authority, at any time before it is decided by the Authority.\n\n The Authority must consider the following matters in assessing an application for accreditation of a TUMRA, and in deciding whether or not to impose any conditions on the accreditation:\n (d) the nature and scale of the traditional use of marine resources and any conservation of natural resources to be undertaken in accordance with the TUMRA;\n (e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;\n (f) the need to protect the cultural values and heritage values held in relation to the Marine Park by Traditional Owners and other people;\n (g) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;\n (k) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;\n\n (2) The Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application within a reasonable period after receiving the application.\n\n> Note: Subsection 7(3) of the Act provides that the Authority must have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.\n\n (a) made reasonable efforts to consult with a relevant representative Aboriginal/Torres Strait Islander body about whether each member of the Traditional Owner group covered by the TUMRA is a Traditional Owner in relation to the relevant part of the Marine Park covered by the TUMRA; and\n (b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal/Torres Strait Islander body; and\n (c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.\n (4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the TUMRA holder a written notice setting out the reasons for the decision.\n\n (2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended, but the period of the accreditation continues to run.\n\n (5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.\n\n (i) allows the TUMRA holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and\n\n (1) If a certificate of accreditation in relation to a TUMRA contains a condition of a kind mentioned in paragraph 149(2)(d), the TUMRA holder may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.\n (2) Any authority given must be given in accordance with the management arrangements for implementing the accredited TUMRA.\n (4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation, the accredited TUMRA is, for the purposes of this instrument, taken to authorise the person to carry out the activity, subject to any conditions set out in the accreditation relating to the carrying out of that activity.\n\n (i) before the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (i) after the end of the period of accreditation for a TUMRA (the original TUMRA), an application is made under section 141 for accreditation of a TUMRA that covers the same area as the original TUMRA;\n (2) The original TUMRA is taken always to have been accredited, and any authority given under the TUMRA is taken always to have been in force, and the original TUMRA and authority are taken to remain accredited and in force until the earliest of the following events occurs:\n\n (1) A TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, apply to the Authority for:\n (3) The Authority is not required to consider or further consider the application if the application does not comply with the requirements of subsection (2).\n (4) If the Authority decides not to consider or further consider the application, the Authority must give the applicant a notice in writing, within 10 business days after the Authority makes that decision, stating:\n (6) Despite subsection (5), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (1) For the purpose of assessing an application under section 152 in relation to an accredited TUMRA, the Authority may, in writing, request the TUMRA holder to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the TUMRA holder does not provide the additional information or document to the Authority before the end of:\n (3) Despite subsection (2), the Authority may continue to consider an application that has been taken to be withdrawn under that subsection.\n\n (a) for a proposed modification that may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA:\n (ii) the Authority has considered the matters mentioned in section 145 (assuming that references in that section to “accreditation” included references to “modification”); and\n\n> Note: A new certificate of accreditation is given under subparagraph 155(1)(c)(ii) if a modification of a TUMRA is approved.\n\n (b) if the decision is to refuse the application in relation to the TUMRA—must give written reasons to the TUMRA holder; and\n (2) The notice under paragraph (1)(a) to approve a modification or modify a condition must specify the day from which the approval takes effect.\n\n (1) The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA’s accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:\n (b) if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or\n (c) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.\n (b) specify a period of at least 10 business days within which the TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.\n (b) the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).\n\n (1) This section applies if the Authority conducts an investigation under section 156 in relation to an accredited TUMRA held by a TUMRA holder.\n (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the accreditation, it must:\n (b) as soon as practicable after doing so, notify the TUMRA holder in writing that it has removed the modification or suspension.\n (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the condition or suspending the accreditation, it may, by written notice given to the TUMRA holder, take any of the following actions:\n (4) The Authority must take action under subsection (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.\n (a) for the modification of a condition—the accreditation has effect as if it had been granted with the modified condition;\n (6) If the Authority revokes the accreditation, the revocation takes effect on the day the Authority gives the notice to the TUMRA holder.\n\n (1) The Authority may (subject to subsections (3) and (4)), by written notice given to the TUMRA holder for an accredited TUMRA, revoke the accreditation of the TUMRA if:\n (b) the TUMRA holder, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.\n (3) Before taking action to revoke the accreditation of the TUMRA on a ground mentioned in paragraph (1)(b), the Authority must:\n (a) notify the TUMRA holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the accreditation of the TUMRA; and\n (b) allow the TUMRA holder 10 business days after the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be revoked.\n (4) In deciding whether to revoke the TUMRA’s accreditation, the Authority must consider any reasons provided by the TUMRA holder in accordance with paragraph (3)(b).\n\n (1) The TUMRA holder for an accredited TUMRA may, on behalf of the Traditional Owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.\n\nThis Part creates offences for discharging sewage in, or into, the Marine Park. Various defences apply in relation to the offences.\n\n This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.\n\n> Note: The object of that Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).\n\n (a) because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or\n\n> Note 1: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: There are additional defences in sections 163 and 164 (discharge of untreated and treated sewage from vessels) and section 10.5 of the Criminal Code (lawful authority).\n\n (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:\n\n> Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).\n\nUnder this Part, the Authority may order a person to remove property from the Marine Park or take other remediating action if the property may cause damage to the Marine Park, or is not permitted to be in the Marine Park. The order may be given to a number of specified persons, such as the owner. A person may commit an offence under section 38DC of the Act if the person does not comply with the order.\n\n (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or\n (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or\n\n (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:\n (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):\n (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and\n (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.\n (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.\n\n (2) However, subsection (1) does not apply if the animal is the person’s assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n The holder of the permission for a permitted mooring commits an offence of strict liability if the mooring reference number is not permanently and legibly displayed on the mooring buoy.\n\n (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:\n\n> Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).\n\n (1) A person commits an offence of strict liability if the person drops an anchor for a vessel, an aircraft or any other facility in a no‑anchoring area (other than a no‑anchoring area that is in the Whitsunday Planning Area).\n\n> Note: Subclause 2.12(3) of the Whitsundays Plan of Management 1998 prohibits a person from dropping an anchor in a no‑anchoring area (as defined in this instrument) in the Whitsunday Planning Area. Section 234 of this instrument makes it an offence to contravene a provision of the Plan of Management.\n\n (2) The master of a vessel commits an offence of strict liability if any person on board the vessel drops an anchor for the vessel in a no‑anchoring area.\n\nThe Authority must keep a register of permissions, accreditations and any other approvals (however described). The register is publicly available.\n\n (a) applications, including variations of applications, for an instrument on the register or for the transfer or modification of such an instrument;\n (c) decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of an instrument on the register;\n (d) any other reviewable decisions, or decisions of the Authority under section 64 of the Act (reconsideration of decisions);\n (3) Without limiting paragraph (1)(c), an instrument on the register is taken to relate to the Marine Park if it relates to:\n (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) whose use or management would or might affect the Marine Park; or\n\nThe Great Barrier Reef Outlook Report is given to the Minister every 5 years under section 54 of the Act. The Report must include an assessment of the relevant heritage values of the Great Barrier Reef Region.\n\n (1) An assessment of the relevant heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.\n (2) The relevant heritage values of the Great Barrier Reef Region include the following values to the extent that they relate to the Region:\n\n (a) an action mentioned in paragraph 231(c), (d), (e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or\n (b) an action mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the action could not be undertaken at a time or in a way to avoid contravening the provision.\n\n> Note 1: A defendant bears an evidential burden in relation to the matters mentioned in this section (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3) or (4) in the Marine Park.\n\n (3) The operator must move the vessel, at a constant speed of less than 6 knots, away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.\n\n (4) The operator must ensure that the vessel is not used for a whale watching activity or a swimming‑with‑whales activity.\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2), (3), (4) or (5) in the Marine Park.\n\n> Note: Section 181 contains special provisions for calves. Additional limitations apply in relation to whale protection areas (see section 187).\n\n (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots;\n\n> Note 1: Subsections (4) and (5) apply if a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b).\n\n (3) The operator must not enter the caution zone of a cetacean (other than a calf) if there are already 3 vessels in the caution zone.\n (4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the operator must:\n (5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (6) (see section 13.3 of the Criminal Code).\n\n (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.\n\n (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:\n (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).\n\n A person operating an aircraft commits an offence of strict liability if the person does any of the following in the Marine Park:\n (a) operates the aircraft (other than a helicopter or gyrocopter) at a height lower than 1,000 feet within a horizontal radius of 300 metres of a cetacean;\n (b) operates a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean;\n (d) if the aircraft can land on water—lands the aircraft on water so that the aircraft comes within a horizontal radius of 500 metres of a cetacean.\n\n (1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).\n\n (2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if the person, while in water in the Marine Park, approaches within 30 metres of a cetacean.\n\n (a) the person conducts a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales; and\n\n (1) A person commits an offence of strict liability if the person operates a vessel to approach within 300 metres of a whale in a whale protection area.\n\n (2) A person commits an offence of strict liability if the person operates a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:\n\n (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).\n\n (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;\n (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.\n (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.\n (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and\n (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.\n\n (c) the location of the area to be used by the applicant for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;\n (iii) if the applicant has been engaged to operate the vessel or aircraft on behalf of another person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c)—the number of that permission or (if no permission has been issued) the name of the other person and the permission application registration number;\n (iv) if the applicant operates the vessel on the applicant’s own behalf—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;\n\n (b) for an exemption relating to the operation of a vessel or aircraft in the Marine Park—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted, or has applied for, a permission mentioned in paragraph 188(1)(a), (b) or (c);\n (ii) if the applicant is a body corporate—the history of the applicant’s executive officers in relation to environmental matters; and\n (iii) if the applicant is a subsidiary of a holding company—the history of the holding company and its executive officers in relation to environmental matters; and\n (iv) whether the applicant owes any fee or other amount payable under the Act, this instrument or any other instrument made for the purposes of the Act; and\n\n (1) For the purpose of assessing an application under section 189 for an exemption, the Authority may, in writing, request the applicant to give to the Authority specified additional information or a specified additional document.\n (2) The application is taken to have been withdrawn if the additional information or document has not been provided before the end of:\n\nThis Part is made for the purposes of paragraph 66(2)(ua) of the Act and the definition of compulsory pilotage area in subsection 3(1) of the Act.\n\nThis Part prescribes the area that is the compulsory pilotage area for the purposes of Part VIIA of the Act. Under that Part, a ship must generally have a pilot while navigating in the compulsory pilotage area.\n\n(a) information that must be included in an application under section 59F of the Act for an exemption from the requirement to navigate with a pilot in the compulsory pilotage area; and\n\n (1) For the purposes of the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:\n (3) The Hydrographer’s Passage is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Hydrographer’s Passage compulsory pilotage area

Item

Description

1

The point 20º39.110′S 149º49.360′E

2

Easterly along the geodesic to 20º35.910′S 150º07.360′E

3

North‑easterly along the geodesic to 20º28.310′S 150º18.060′E

4

North‑westerly along the geodesic to 20º02.910′S 150º03.060′E

5

North‑easterly along the geodesic to 19º54.910′S 150º16.560′E

6

Northerly along the geodesic to 19º39.910′S 150º10.560′E

7

South‑easterly along the geodesic to 19º50.910′S 150º33.060′E

8

South‑westerly along the geodesic to 20º01.410′S 150º25.860′E

9

South‑westerly along the geodesic to 20º06.910′S 150º17.260′E

10

South‑easterly along the geodesic to 20º19.910′S 150º27.060′E

11

South along the meridian 150º27.060′E to latitude 20º32.910′S

12

South‑westerly along the geodesic to 20º41.510′S 150º11.660′E

13

South‑westerly along the geodesic to 20º54.410′S 150º01.960′E

14

North‑westerly along the geodesic to the starting point

\n```\n\n (4) The Whitsundays compulsory pilotage area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whitsundays compulsory pilotage area

Item

Description

1

The northernmost point of Cape Gloucester mainland coastline at low water (at the point closest to 20º03.606′S 148º27.159′E)

2

North‑westerly along the geodesic to 19º58.020′S 148º18.600′E

3

Northerly along the geodesic to 19º57.830′S 148º18.530′E

4

Easterly along the geodesic to 19º58.000′S 148º21.680′E

5

Easterly along the geodesic to 19º58.280′S 148º27.050′E

6

Easterly along the geodesic to 19º58.370′S 148º27.400′E

7

Easterly along the geodesic to 19º59.280′S 148º33.620′E

8

South‑easterly along the geodesic to 20º00.820′S 148º37.480′E

9

Easterly along the geodesic to 20º02.170′S 148º53.070′E

10

South‑easterly along the geodesic to 20º03.580′S 148º57.920′E

11

South‑easterly along the geodesic to 20º14.420′S 149º10.470′E

12

South‑easterly along the geodesic to 20º15.200′S 149º11.150′E

13

Southerly along the geodesic to 20º28.930′S 149º08.030′E

14

South‑easterly along the geodesic to 20º31.200′S 149º09.070′E

15

South‑easterly along the geodesic to 20º34.280′S 149º10.500′E

16

Westerly along the geodesic to 20º33.910′S 149º07.060′E

17

Westerly along the geodesic to 20º39.730′S 148º45.820′E

18

West along the parallel 20º39.730′S to its intersection of the mainland coastline at mean low water near Midge Point (at the point closest to 20°39.730′S 148º43.414′E)

19

Generally northerly, easterly, south‑easterly and north‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n For the purposes of subsection 59F(2) of the Act, the following information is prescribed in relation to the application:\n (g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;\n (i) in respect of the persons who will be the master, and the navigational watch keepers, of the ship at any time when it is in the compulsory pilotage area, details of:\n (k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.\n\n (1) If the Minister considers that the information contained in an application under section 59F of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified.\n\n For the purposes of paragraph 66(2)(ua) of the Act, an exemption granted under section 59F of the Act may be expressed to be conditional on the person granted the exemption complying with any requirements the Minister specifies to be necessary to attain the purpose of Part VIIA of the Act (compulsory pilotage).\n\n (1) For the purposes of paragraph 66(2)(ua) of the Act, the master or owner of a ship for which an exemption is given under section 59F of the Act must inform the Minister, in writing, if information given to the Minister by the applicant for the exemption becomes inaccurate.\n\n (a) a condition specified in relation to the grant of the exemption is contravened by the person to whom the exemption is granted; or\n (b) section 196 (duty to notify if information given for exemption becomes inaccurate) is contravened by the master or owner of the relevant ship.\n\nThe Authority must keep a register of persons who are appropriately qualified to operate a bareboat in the Marine Park. The register may be included in the register of permissions etc. kept under section 173\\. A person must not display a bareboat identification number on a bareboat unless the person is the holder of an appropriate bareboat permission.\n\n (a) keep a register (whether or not as part of the register kept under section 173) of persons appropriately qualified, under subsection (2) of this section, for bareboat operations in the Marine Park; and\n (i) the person holds a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n (i) a certificate evidencing that the person has successfully completed a course on communicating which has been adapted for briefing clients about bareboats in the Whitsunday Planning Area, or an equivalent course; and\n\n (iii) the permission that the person holds does not allow that kind of vessel to be used for that kind of bareboat operation;\n (iv) the conditions to which the permission for the bareboat operation is subject do not require the person to display the identification number on the vessel.\n\nA person who applies for permission to carry out a commercial activity in the Marine Park may be required to pay a fee for the application. A fee is also payable for an application for an exemption from compulsory pilotage, to reinstate a suspended permission and for other applications and requests.\n\n (1) A fee is payable to the Authority, in accordance with this section, for a fee‑bearing application for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park) that is an activity listed in column 1 of an item (the relevant item) of the table in subsection (6).\n\n (a) was made by a person who, at the time of the application, held another permission that was in force, as a result of an earlier fee‑bearing application, to carry on the same activity in the same area; and\n (4) If an activity is referred to in more than one item of the table in subsection (6), the amount of the fee is the higher of the fees specified for the activity.\n (b) another item of the table that applies because of a decision of the Authority under section 91 (Authority must decide on approach for assessment) relating to the activity specifies a lower fee for the activity;\n\n

Fees for fee‑bearing applications

Item

Column 1

Activity

Column 2

General amount ($)

Column 3

Amount for permission to carry on same activity ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

(a) fewer than 25 passengers

770

770

(b) 25 to 50 passengers

1,110

890

(c) 51 to 100 passengers

2,010

1,230

(d) 101 to 150 passengers

3,350

1,780

(e) more than 150 passengers

5,600

2,240

2

Activity that requires the use of a facility or structure in the Marine Park

2,460

2,460

3

Activity whose relevant impacts are to be assessed by public information package under Subdivision B of Division 3 of Part 3

8,960

3,350

4

Activity whose relevant impacts are to be assessed by public environment report

44,860

44,860

5

Activity whose relevant impacts are to be assessed by environmental impact statement

121,170

121,170

6

Activity that is described in paragraph (3)(b), if:

(a) none of items 1, 2, 3, 4 and 5 applies to the activity; and

(b) the impacts of the activity were assessed by public environment report or environmental impact statement (whether under this instrument, the Environment Protection and Biodiversity Conservation Act 1999 or a law of Queensland)

5,600

7

Activity not covered by items 1 to 6

770

770

\n```\n\n (ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement—the sum of $10,000 in part payment of the fee.\n (a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee‑bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and\n (b) the public environment report or environmental impact statement about the activity is made available in draft or final form;\n (5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.\n (a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and\n (b) the fee (the new fee) payable under section 202 on the basis of the new approach exceeds the fee (the old fee) that was payable under that section on the basis of the old approach; and\n (c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.\n\n (7) The Authority must give the person a notice in writing (the new notice) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:\n (a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or\n (b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:\n (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee.\n\n> Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.\n\n An application for permission lapses if an amount referred to in paragraph 203(2)(c) or 203(3)(d) or subsection 203(7) is not paid for the application within the 21 days referred to in that paragraph or subsection.\n\n (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.\n (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.\n (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.\n\n (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and\n (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.\n\n (1) A fee is payable to the Authority, in accordance with this section, for an application or request described in column 1 of an item in the following table for a permission to carry on an activity of a commercial nature in the Marine Park (including entering or using the Marine Park).\n\n

Fees for other applications and requests

Item

Column 1

Application or request

Column 2

Fee ($)

1

Application under section 119 for approval to transfer a chargeable permission

630

2

Request under section 128 for the Authority to modify a condition of a permission

430

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a permission

59

4

Lodgement of an expression of interest with the Authority for a special permission as mentioned in section 84

360

5

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for the purposes of a permission to conduct a bareboat operation

59

6

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

59

7

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

(a) the conditions to which the permission is subject;

(b) whether the permission is in force;

(c) the activities for which the permission has been granted

59

8

Request to the Authority to vary an application for a permission if, as a result of the variation:

(a) the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

(b) an assessment, or an additional assessment, must be made under Part 3 in respect of the application

59

9

Request to the Authority for a summary of documents, being a list of any or all of the following:

(a) each permission granted by the Authority to the person making the request;

(b) each application made by the person to the Authority

59

\n```\n\n> Note 1: The fee mentioned in item 8 for a request to vary an application is additional to any fee payable under section 202 for an assessment in respect of the application.\n\n (2) The Authority must, as soon as practicable after receiving an application (except an expression of interest application for a special permission) or request that is not accompanied by a fee, give the person making the application a written notice that:\n (c) states that the application or request lapses if the fee is not paid to the Authority within 10 business days after that day.\n\n (3) The application or request lapses if the specified fee is not paid in accordance with paragraph (2)(c). The application or request is reinstated if the Authority later waives the fee.\n\n (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):\n (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.\n\n (1) A fee of $750 is payable to the Authority for an application for a decision under section 59F of the Act (exemption from requirement to navigate with a pilot).\n\n (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.\n\n (1) The fee under section 202 or 205 for an application, request or lodgement is an amount worked out in accordance with the formula:\n\n> CPI number is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application, request or lodgement is made.\n\n The Authority may waive a fee that would otherwise be payable under section 202 or 205, or refund such a fee, for an application or request that involves minimal activity by the Authority to act on.\n\nAn environmental management charge may be payable in relation to certain permissions (which are called chargeable permissions), such as a permission to operate a tourist activity or to operate certain commercial services.\n\nAn environmental management charge that relates to a tourist program or excursion is payable by a visitor who takes part in the program or excursion. The holder of a chargeable permission must collect environmental management charges from the visitors and give those charges to the Authority.\n\n For the purposes of the definition of chargeable permission in subsection 3(1) of the Act, a permission granted under this instrument is a chargeable permission if it is for any of the following kinds of activity:\n\n (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and\n (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission:\n (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge; and\n (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.\n (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application.\n (b) if the Authority asks the applicant to give it other information under subsection (4)—the day the information is given to the Authority.\n\n (1) After the Authority makes, or refuses to make, a determination under section 212, the Authority must give the applicant written notice of the decision.\n (ii) if the applicant is dissatisfied with a decision on reconsideration—to the Administrative Review Tribunal under section 64A of the Act for review of the decision on reconsideration.\n (4) A notice of a decision to make a determination under section 212 in relation to a secondary service must include the unique number of the service.\n\n A visitor takes part in a tourist program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder who provides the program.\n\n A standard tourist program charge is (subject to sections 216 and 218) payable by each visitor who takes part in a tourist program provided under a chargeable permission that is, or includes, a primary service for each day, or part of a day, that the visitor takes part in the program.\n\n (a) on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and\n (b) the visitor, or the holder of the chargeable permission under which the service was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.\n (2) Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:\n (a) using any non‑motorised beach equipment for which the holder of the permission is liable to pay charge under item 1 of the table in subsection 223(1); or\n (b) using a dinghy for which the holder of the permission is liable to pay charge under item 2 of the table in subsection 223(1); or\n (c) using any motorised water sport equipment for which the holder of the permission is liable to pay charge under item 3 of the table in subsection 223(1); or\n (d) being accommodated in a floating hotel, in relation to which the holder of the permission is liable to pay charge under item 5 of the table in subsection 223(1); or\n (e) berthing a vessel at a marina, in relation to which the holder of the permission is liable to pay charge under item 6 of the table in subsection 223(1); or\n (f) participating in one or more excursions to an underwater observatory, in relation to which the holder of the permission is liable to pay charge under item 7 of the table in subsection 223(1); or\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a day in a charge year is the full day amount for the year, except as provided by sections 218, 219 and 220 of this instrument.\n\n> Note: Sections 218, 219 and 220 deal with tours that are longer than 3 days or less than 3 hours, or tours that arrive late or depart early.\n\n (2) The full day amount for a charge year, being the second charge year after the current charge year, is the greater of:\n (3) Work out the following amount (the charge increase) for a charge year, being the second charge year after the current charge year:\n ![Start formula open bracket $4.00 times start fraction CPI for the quarter ending 31 December in the current charge year over CPI for the quarter ending 31 December 1997 end fraction close bracket minus Standard tourist program charge for a day in the current charge year end formula](image.003.png)\n\n> Note: For example, if the full day amount for the charge year beginning 1 April 2019 is being worked out in February 2018 of the charge year beginning 1 April 2017, the formula takes into account:\n\n (a) the same as the full day amount (the previous full day amount) for the current charge year if the charge increase for the second charge year is negative or less than $0.40; and\n (b) $0.50 more than the previous full day amount if the charge increase for the second charge year is $0.40 or more but less than $0.90; and\n (c) $1.00 more than the previous full day amount if the charge increase for the second charge year is $0.90 or more but less than $1.40; and\n\n For a tour that takes longer than 3 continuous days, a standard tourist program charge is not payable in relation to any day after the third day.\n\n (1) For the purposes of section 39C of the Act, the amount of the standard tourist program charge that is payable for a tour that takes 3 hours or less on a day in a charge year is the part day amount for the year.\n\n (1) The amount of a standard tourist program charge for a tour (except a tour covered by section 218 or 219) on a day in a charge year is the part day amount for the year if:\n (2) For the purposes of this section, a tour that begins or ends at a jetty, wharf or similar structure that is within or partly within the Marine Park:\n\n (1) A charge is payable under this Subdivision by a visitor who takes part in a tourist program to the holder of the chargeable permission under which the program is provided.\n (b) for charge in respect of a tourist program consisting of a tour to which section 218 applies (tours that take longer than 3 days)—on the first day that the visitor takes part in the tour.\n\n (a) the person uses a receipt or ticket relating to a tourist program as evidence for the purposes of subsection 216(1); and\n (b) the person knows, or has reason to believe, that the receipt or ticket has been altered (including by adding a date).\n\n (3) Strict liability applies to the physical element in paragraph (2)(a) that the evidence is evidence for the purposes of subsection 216(1).\n\n (1) For the purposes of section 39C of the Act, a charge is payable for a quarter by the holder of a chargeable permission that permits any of the following in the quarter:\n (a) the hiring of equipment or dinghies, as specified in column 1 of item 1, 2 or 3 of the following table, for use in the Marine Park;\n (b) an activity specified in column 1 of item 4, 5, 6, 7, 9 or 10 of the following table that is undertaken in the Marine Park;\n (c) the operation of a land‑based outfall that results in discharge of sewage into the Marine Park, as specified in item 8 of the following table.\n\n

Other charges payable by the holder of a chargeable permission

Item

Column 1

Activity

Column 2

Amount

1

The hiring of non‑motorised beach equipment

(a) if the holder holds one permission that allows the hiring of no more than 5 pieces of equipment at a single location any time during a quarter—$12.00 for the quarter; or

(b) if the holder holds one permission that allows the hiring of more than 5 pieces of equipment at a single location at any time during a quarter—$25.00 for the quarter; or

(c) if the holder holds 2 or more permissions that allow the hiring of equipment at a single location at any time during the quarter—$25.00 for the quarter

2

The hiring of dinghies

(a) if the holder holds one or more permissions that allow the hiring of no more than 5 dinghies at a single location at any time during a quarter—$50.00 for the quarter; or

(b) if the holder holds one or more permissions that allow the hiring of more than 5 dinghies at a single location at any time during a quarter—$12.00 for the quarter for each dinghy that the permission allows to be hired

3

The hiring of motorised water sport equipment (except dinghies)

(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 for the quarter; or

(b) if the equipment includes no jet boats—$62.00 for the quarter; or

(c) if the equipment is:

(i) jet boats and other motorised equipment; or

(ii) jet boats designed to carry more than 2 persons;

$87 for the quarter

4

The operation of a pontoon

(a) if the horizontal surface area of the pontoon is no more than 40 square metres—$90.00 for the quarter; or

(b) if the horizontal surface area of the pontoon is more than 40 square metres—$180.00 for the quarter

5

The operation of a floating hotel that is moored, for at least 60 days in a quarter:

(a) at one place; or

(b) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored

$280.00 for the quarter

6

The construction or operation of a marina

$380.00 for the quarter

7

The operation of an underwater observatory that is not attached to a pontoon

$130.00 for the quarter

8

The operation of a land‑based outfall for discharging sewage

(a) if the sewage has received tertiary treatment—$400.00 for the quarter; or

(b) if the sewage has not received tertiary treatment—$400.00 plus the additional amount worked out under subsection (2) for the quarter

9

The sale of goods or services from a vessel except if:

(a) the sale is carried on primarily during an operation occurring from the vessel in respect of which a charge applies under Subdivision A, any of items 4 to 7 of this table or item 3 of the table in subsection 224(1); or

(b) the vessel is used primarily for the provision of goods or services to commercial fishing vessels

$30.00 for the quarter for each metre of the overall length of the vessel

10

The construction or operation of farming facilities for the culture of pearls or clams

(a) for a parcel of facilities of no more than 10 hectares—$500.00 for the quarter; and

(b) for each additional parcel of 10 hectares or less—$200.00 for the quarter

\n```\n\n (2) For the purposes of paragraph (b) of column 2 of item 8 of the table, the additional amount is worked out using the following formula:\n ![Start formula $4.00 times Total number of megalitres of sewage discharged in the quarter times open bracket Concentration in milligrams per litre of all forms of nitrogen assessed to be discharged in the quarter plus Concentration in milligrams per litre of all forms of phosphorous assessed to be discharged in the quarter close bracket end formula](image.004.png)\n (3) For the purpose of subsection (2), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.\n (4) The holder of the permission to operate the land‑based outfall for discharging sewage must provide the results of the analysis to the Authority in accordance with paragraph 230(b).\n\n> Note: A holder may commit an offence against paragraph 230(b) if the holder does not provide the results in accordance with that paragraph.\n\n (1) For the purposes of section 39C of the Act, a charge is payable by a visitor who participates in an activity specified in column 1 of an item of the following table that is undertaken in the Marine Park in a quarter. The amount of the charge is the amount specified in column 2 of the item.\n\n

Charges payable by visitors

Item

Column 1

Activity

Column 2

Amount

1

One of the following excursions provided under a chargeable permission (subject to subsections (2) and (3)):

(a) a semi‑submersible, or glass‑bottomed, boat excursion;

(b) a sightseeing aircraft excursion

$0.40 for each excursion

2

A tourist program that is provided under a chargeable permission and involves an excursion to visit Lady Elliot Island (subject to subsection (3))

$2.00 for each day, or part of a day, that the visitor visits the island

3

The charter of a vessel provided under a chargeable permission for a commercial purpose unrelated to tourism

$2.00 for each visitor (other than a crew member) carried on the vessel

\n```\n\n that are provided under the same permission on the same day, a charge is only payable for the first excursion by the visitor in relation to those excursions.\n (3) For the purposes of items 1 and 2 of the table, a charge is not payable by a visitor for an excursion if the excursion is provided under the chargeable permission under which the visitor is liable to pay a standard tour program charge under section 215.\n (4) A charge is payable under this section by a visitor to the holder of the relevant permission on behalf of the Commonwealth on the day, or the first day, the visitor becomes liable to pay the charge.\n\n A charge under section 223 (charges payable by the holder of a chargeable permission) is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in April, July, October and January in respect of the exercise of the permission in the preceding quarter.\n\n A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority, on behalf of the Commonwealth, in whichever of April, July, October or January is the month after the quarter in which the amount is collected.\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n (b) the payer transfers the payer’s interest in a chargeable permission to another person on a day (also the change day).\n (2) The following is payable by the payer to the Authority, on behalf of the Commonwealth, within 30 days after the change day:\n (a) any charge that the payer is liable to pay in respect of the exercise of the permission after the end of the preceding quarter and before the end of the change day;\n (b) any amounts collected by the payer, from a visitor who is liable to pay charge in relation to the permission, after the end of the preceding quarter and before the end of the change day;\n (c) any amount of late payment penalty that, under section 39G of the Act, the payer is liable to pay in relation to the permission, including any amount that accrues after the change day.\n (3) For the purposes of subsection (1), a permission to which subsection 116(1) (certain permissions to continue in force) applies is taken not to have ceased to be in force unless, and until, the application for the further permission:\n (4) For the purposes of paragraph (1)(b), charge payable in respect of the day on which a transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in paragraph (2)(a).\n\n> Note: The holder of a chargeable permission who does not collect charge is liable to pay a penalty amount equal to the amount of the charge (see section 39FA of the Act).\n\n If the Authority determines that the holder of a chargeable permission has paid more charge than the holder is liable to pay, the next amount of charge that the holder is liable to pay is reduced by the amount of the overpayment (unless the Authority has already refunded the overpayment).\n\n (1) The holder of a chargeable permission commits an offence of strict liability if the holder contravenes subsection (2), (3), (4) or (5).\n\n (2) If the chargeable permission is covered by section 215, or is for an activity described in any of items 4 to 7 of the table in subsection 223(1) or an item of the table in subsection 224(1), the holder of the chargeable permission must record the following:\n (3) The holder of the chargeable permission must keep a receipt or ticket used to obtain an exemption under section 216 for 2 years after the day of the receipt or ticket.\n (4) The information must be recorded by the holder of the chargeable permission, in a logbook supplied to the holder by the Authority or in a form approved by the Authority, and kept:\n (b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates; or\n (5) The information must be kept by the holder of the chargeable permission to enable inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.\n\n The holder of a chargeable permission commits an offence of strict liability if the holder does not give the Authority, in each April, July, October and January, in relation to the preceding quarter:\n (ii) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information; or\n (b) for a chargeable permission for operating a land‑based outfall for discharging sewage (see item 8 of the table in subsection 223(1))—a return, in a form approved by the Authority, that sets out:\n (iii) the information determined by the laboratory referred to in subsection 223(3) that discloses the level of treatment the sewage has received before discharge.\n\n (1) The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.\n\n A person commits an offence of strict liability if the person contravenes subclause 6.2, 6.4 or 8.1 or clause 7 of the Shoalwater Bay (Dugong) Plan of Management 1997, as in force from time to time.\n\n> Note: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting of dugongs and interference with dugongs.\n\nDecisions prescribed by this Part are reconsidered internally in accordance with section 64 of the Act, and reviewed by the Administrative Review Tribunal in accordance with section 64A of the Act.\n\nThis Part prescribes certain time limits relating to reviewable decisions (such as the period within which an application for review of a reviewable decision must be made and when a decision on the application must be made).\n\n (a) a decision to accredit or revoke the accreditation of an educational or research institution under section 13 or a harvest fishery under section 14;\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; or\n except to the extent that it relates to a permission granted in respect of a decision mentioned in subparagraph (c)(iii) or (iv) or a decision under section 129 (modification of conditions or suspension of permission—pending investigation);\n (ii) a decision on an application to approve the modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (h) a decision by the Authority under section 212 that a service or proposed service is not, or will not be, a secondary service.\n\n (1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:\n (a) a decision under Part 3 (permissions) on an application (including an EPBC referral deemed application) for the grant of a permission, except:\n (ii) a decision as to which assessment approach must be used for assessing the relevant impacts of the proposed conduct; and\n (ii) a decision on an application to approve a modification of an accredited TUMRA or to modify a condition of the accreditation of a TUMRA;\n (d) a decision under subsection 188(1) on an application for an exemption from one or more provisions of Part 9 (interacting with cetaceans).\n\n (a) a person whose interests are affected by a decision referred to in section 236 may obtain from the Authority a statement of reasons for the decision, and ask the Authority to reconsider the decision; and\n (b) that a person at whose request the Authority has reconsidered the decision may apply, subject to the Administrative Review Tribunal Act 2024, to the Administrative Review Tribunal for review of the decision made by the Authority after reconsideration.\n\n (1) For the purposes of paragraph 64(5)(a) of the Act, a person must request a reconsideration of a reviewable decision within 15 business days after:\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—the decision is published on the Authority’s website; or\n (b) for a decision to relating to a direction under subsection 61AEA(2) of the Act—a copy of the direction is given to the person; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—after the decision is made.\n (2) For the purposes of paragraph 64(5)(b) of the Act, the request must set out the reasons why the Minister or the Authority (as the case requires) should reconsider the decision.\n (3) For the purposes of paragraph 64(5)(c) of the Act, the Minister or Authority (as the case requires) must reconsider the decision within 30 business days after receiving the request.\n (a) for a decision relating to an emergency direction under subsection 61ACA(2) of the Act—when the decision on reconsideration is published on the Authority’s website; or\n (b) for a decision relating to a direction under subsection 61AEA(2)—when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or\n (c) for a decision of the Minister or Authority, prescribed by this or any other instrument, for the purposes of paragraph 64(3)(c) or (d) of the Act—when the Minister or Authority gives the person requesting the reconsideration written notice of the decision on reconsideration.\n\nAn inspector may give a direction to a person who is in, or has recently been in, or may enter, the Marine Park. A person must comply with the direction. An inspector may also require a person to leave the Marine Park if the inspector reasonably believes that the person has committed or may commit an offence.\n\nA person who is alleged to have committed certain offences (called infringement notice offences) may pay a monetary penalty specified in an infringement notice, instead of having the matter dealt with by a court.\n\n (1) For the purpose of ensuring that the Act, this instrument, and any other instrument made for the purposes of the Act, are complied with, an inspector may, in accordance with this section, give reasonable directions to any person:\n (b) who is outside the Marine Park and who the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.\n (b) produce the inspector’s identity card at the first practicable opportunity to the person to whom the direction is given.\n\n (4) A person commits an offence of strict liability if the person contravenes a direction given to the person under subsection (1).\n\n (1) An inspector may require any person in the Marine Park to leave the Marine Park or the zone or location within the Marine Park where the person is found for a specified period that is reasonable in all the circumstances if the inspector reasonably suspects the person has committed an offence against the Act, this instrument, or any other instrument made for the purposes of the Act.\n if the inspector reasonably suspects the person of having done an act in respect of which the person is required to hold the permission, permit or authority.\n (3) A person commits an offence of strict liability if the person fails to comply with a requirement made of the person under subsection (1) or (2).\n\n (1) An offence against a provision of this instrument mentioned in column 1 of an item in the following table is an infringement notice offence. The penalty (the infringement notice penalty) for the offence is the penalty mentioned in column 2 of the item.\n\n

Infringement notice offences and infringement notice penalties

Item

Column 1

Provision

Column 2

Infringement notice penalty in penalty units

1

section 58 (commercial activities on Low Island)

10

2

section 60 (Conservation Park Zone—fishing offence)

4

3

section 61 (Marine National Park Zone—fishing and collecting offence)

10

4

section 135 (requirement to produce permission for inspection)

1

5

section 136 (notification of change in beneficial ownership)

10

6

subsection 168(1) (certain animals not to be taken onto Commonwealth islands)

2

7

section 169 (littering prohibited)

2

8

section 170 (mooring buoy must display mooring reference number)

3

9

subsection 171(1), (2), (3) or (4) (public mooring and infrastructure not to be removed, misused or damaged)

3

9A

subsection 171A(1) or (2) (contravention of anchoring restrictions)

3

10

subsection 179(1) in relation to a contravention of subsection 179(4) (requirements relating to prohibited vessels)

10

11

subsection 180(1) (other craft—caution zones near adult cetaceans)

10

12

subsection 181(1) (other craft—caution zones near calves)

10

13

section 182 (aircraft near cetaceans)

10

14

subsection 183(1) (no feeding of cetaceans)

10

15

section 184 (no touching, or sudden movements near, cetaceans)

10

16

subsection 185(1), (2) or (3) (requirements for swimming with cetaceans)

10

17

section 186 (conducting swimming‑with‑whales activities without permission)

10

18

subsection 187(1) or (2) (protection of whales in whale protection area)

10

19

section 200 (offences—bareboat identification numbers)

5

20

subsection 222(1) or (2) (offence—altering ticket etc.)

7

21

section 229 (record‑keeping etc.)

5

22

section 230 (returns)

2

23

section 234 (contravention of the Plan of Management for Cairns Area, Hinchinbrook or Whitsundays)

3

24

subsection 241(4) (contravention of directions)

10

25

subsection 242(3) (contravention of requirements of inspector)

10

\n```\n\n (2) An offence against subsection 38BA(3) (conduct in the Marine Park Zone) or 38EA(4) (conduct contravening permission or authority) of the Act is an infringement notice offence. The infringement notice penalty for the offence is:\n\n (1) If an inspector believes on reasonable grounds that a person has committed an infringement notice offence, the inspector may give the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.\n (4) An inspector may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an inspector for the purposes of issuing the infringement notice; and\n (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:\n (h) state that, if the person to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and\n (k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and\n\n (1) A person to whom an infringement notice has been given may apply in writing to the Authority requesting a further period for payment of the infringement notice penalty (whether before or after the 28 days mentioned in section 246).\n (2) An application made after the end of the 28 days must include a statement explaining why the alleged offender could not deal with the notice within that period.\n (c) if the decision is a refusal—state in the notice the reasons for refusal and the period in which the infringement notice penalty must be paid.\n\n (1) A person to whom an infringement notice has been given may make written representations to the Authority seeking the withdrawal of the notice.\n (2) The Authority may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the Authority; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of the Act, this instrument or another instrument made for the purposes of the Act;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of the Act, this instrument, or another instrument made for the purposes of the Act, constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in section 246:\n\n (a) require an infringement notice to be given to a person for an alleged contravention of an infringement notice provision; or\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an infringement notice provision; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an infringement notice provision.\n\n (1) The Authority may arrange for the use, under the control of the Authority, of computer programs for any purposes for which the Authority is required or permitted to make a decision (however described), or give a notice, under Part 3 or 12.\n\n (2) The Authority is taken to have made a decision, or given a notice, that was made or given by the operation of a computer program under an arrangement made under subsection (1).\n (3) If the Authority is satisfied that a decision made, or notice given, by the operation of a computer program under an arrangement under subsection (1) is incorrect:\n (b) the decision or notice as substituted is taken, for the purposes of this instrument, to have been given or made at the time the original decision or notice was made or given.\n\n (i) a person is requested or required (however described) under a provision of this instrument to do a thing before the end of a period (the original period); or\n (ii) the Authority or Minister is required to do a thing under a provision of this instrument in relation to a person before the end of a period (the original period); and\n (3) Without limiting subsection (2), if the Authority or Minister must give the person a notice in order to request or require the person to do the thing, the extension of the original period may be in that notice.\n\nThis Part deals with application, savings and transitional provisions relating to the making, or amendment, of this instrument.\n\n (2) To avoid doubt, a reference to a thing done under the old regulations may be a thing done under a previous version of the old regulations.\n\n> Note: For example, an application for a permission made before 4 October 2017 (when the Great Barrier Reef Marine Park Amendment (Permission System) Regulations 2017 commenced) that was not completed before the commencement of this section would be completed under the version of the old regulations in force immediately before 4 October 2017 (see regulation 207 of the old regulations).\n\n (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:\n (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;\n (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:\n (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.\n (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.\n (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).\n (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).\n\n> Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of the permission could later be modified under Division 8 of Part 3 of this instrument as a result of section 261.\n\n (1) An accreditation under regulation 7 or 8 of the old regulations, that is in force immediately before the commencement of this subsection, is taken, after that commencement, to be an accreditation under section 13 or 14 (as the case requires) of this instrument.\n (2) An accreditation granted under regulation 7 or 8 of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation is granted, to be an accreditation in force under section 13 or 14 (as the case requires) of this instrument.\n\n (1) Section 20 of, and Schedule 6 to, this instrument apply in relation to the calendar year beginning on 1 January 2020, and later calendar years.\n (2) Despite the repeal of the old regulations, regulation 19 of those regulations continues to apply after the commencement of this section in relation to the calendar year beginning 1 January 2019 as if those regulations had not been repealed.\n\n (1) Section 57 of this instrument applies in relation to any direction given under that section after the commencement of this section, whether in relation to a notification given before or after that commencement.\n (2) A direction given under regulation 72 of the old regulations that is in force immediately before that commencement is taken to be in force under section 57 of this instrument.\n\n (1) A permission granted under Part 2A of the old regulations that is in force immediately before the commencement of this section is taken, after that commencement, to be a permission in force under Part 3 of this instrument.\n (2) Any authority given under the permission that is in force in accordance with regulation 88ZF of the old regulations immediately before that commencement is taken to be in force in accordance with section 118 of this instrument.\n (3) A permission granted under Part 2A of the old regulations (as it continues in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the permission is granted, to be a permission in force under Part 3 of this instrument.\n (4) Division 8 of Part 3 (modification, suspension and revocation of permissions) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n Section 125 applies in relation to any changes of beneficial ownership of a company that occur after the commencement of this section.\n\n (1) The accreditation (including a certificate of accreditation) of a TUMRA that is in force under Part 2B of the old regulations immediately before the commencement of this section, is taken, after that commencement, to be an accreditation (and a certificate of accreditation) in force under Part 4 of this instrument.\n (2) The accreditation (including a certificate of accreditation) of a TUMRA given under Part 2B of the old regulations (as they continue in force under subsection 257(1) of this instrument) after the commencement of this instrument is taken, after the accreditation (and the certificate) is given, to be an accreditation (and certificate) in force under Part 4 of this instrument.\n (3) Division 4 of Part 4 (modification, suspension and revocation relating to TUMRAs) of this instrument applies, subject to section 257, in relation to any conduct or omission, whether occurring before or after the commencement of this section.\n\n (b) any other instrument made for the purposes of the Act, to the extent that it relates to a matter prescribed in this instrument; or\n\n Despite the repeal of regulations 114 and 124 of the old regulations, the Registers in force under those regulations immediately before the commencement of this section continue in force after that commencement as if those regulations had not been repealed.\n\n (2) Despite the repeal of regulation 116A of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to the Great Barrier Reef Outlook Report for 2019.\n\n (1) An exemption under regulation 117K of the old regulations that is in force immediately before the commencement of this section is taken, after that time, to be in force under section 188 of this instrument.\n (2) An exemption under regulation 117K of the old regulations that is given after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is given, to be in force under section 188 of this instrument.\n (3) A reference to a provision of the old regulations in an exemption given before the commencement of this section is taken, after that commencement, to be a reference to the equivalent provision of this instrument.\n\n (1) Section 196 applies in relation to any inaccuracies arising after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n (2) Section 197 applies in relation to any contravention that occurs after this instrument commences (whether in relation to an exemption given before or after the commencement of this section).\n\n (1) Sections 202, 205 and 206 apply in relation to any fee that is payable in relation to any application, request or lodgement made after the commencement of this instrument.\n\n> Note: Fees may remain payable under the old regulations in relation to processes begun before this section commences (see section 257).\n\n (2) Section 207 applies in relation to any reinstatement fee that becomes payable as a result of a suspension that begins after the commencement of this instrument.\n (3) Section 208 applies in relation to fees that are payable in relation to any application, request or lodgement made on or after 1 January 2020.\n (4) Section 209 applies in relation to any fee (whether the fee became payable before or after the commencement of this section) as if a reference in that section to sections 202 and 205 included a reference to regulations 128 and 134 of the old regulations.\n\n (1) A determination that is in force under regulation 137 of the old regulations immediately before the commencement of this section is taken, after that commencement, to be in force under section 212 of this instrument.\n (2) A determination that is made under regulation 137 of the old regulations after the commencement of this section (as that regulation continues in force under subsection 257(1) of this instrument) is taken, after it is made, to be in force under section 212 of this instrument.\n\n (1) Subdivision A of Division 3 of Part 13 applies in relation to tourist programs begun after the commencement of this section.\n (4) Section 227 applies in relation to transfers of permissions, or permissions that cease to be in force, after the commencement of this section.\n (5) Section 228 applies in relation to any overpayment (whether it is determined by the Authority, or relates to an overpayment, before or after the commencement of this section).\n\n (1) Section 229 applies in relation to receipts, tickets and other records that become required to be kept under that section after the commencement of this section.\n (2) Despite the repeal of regulation 166 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to any record that was first required to be kept under that regulation before that commencement, for 2 years after the record was first required to be kept.\n (3) Section 230 applies in relation to returns and logbooks relating to the quarter beginning on 1 April 2019 and later quarters.\n (4) Despite the repeal of regulation 167 of the old regulations, that regulation continues to apply, after the commencement of this section, in relation to quarters that end before that commencement as if that regulation had not been repealed.\n\n (1) Part 15 applies (subject to subsection (2)) in relation to decisions made under this instrument after the commencement of this section.\n (2) Despite the repeal of Part 13 of the old regulations, that Part continues to apply, after the commencement of this section, in relation to decisions made under those regulations (as that Part is continued in force under subsection 257(1) of this instrument) after that commencement.\n\n> Note: Part 13 of the old regulations also applies in relation to review of a decision made before commencement that has not been completed by commencement (see section 257).\n\n (4) To avoid doubt, Part 13 of the old regulations applies only to the extent required for the purposes of the reconsideration or review of a decision referred to in subsection (2).\n\n (1) Division 3 of Part 16 applies in relation to any infringement notices given after the commencement of this section (whether the conduct to which the infringement notice relates occurred before or after that commencement).\n (2) For conduct occurring before that commencement, section 243 applies after that commencement as if a reference in that section to a provision of this instrument were a reference to the equivalent provision of the old regulations.\n\n (2) Despite the repeal of regulation 206 of the old regulations, that regulation continues to apply, after the commencement of this instrument, in relation to identity cards issued before that commencement.\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## 276 Application of amendments\n\n Subsections 27(1A) and 44(3B), as inserted by Part 1 of Schedule 1 to the Great Barrier Reef Marine Park Amendment (Fisheries Reforms) Regulations 2024, apply in relation to a permission, permit and a licence (as the case requires), whether the permission or permit was granted, or the licence was issued, before, on or after the commencement of that Part.\n\n## Part 1 Far Northern Management Area\n\n## Part 1—Far Northern Management Area\n\n## 1 Far Northern Management area\n\n#### 1 Far Northern Management area\n\n A designated anchorage mentioned in a heading in the following table is the area bounded by the line starting at the point described in the first item of the table directly under that heading and running sequentially as described in the remaining items under that heading.\n\n

Far Northern Management Area

Item

Description

Boydong Cays South‑easterly Wind Designated Anchorage

1

The point 11°28.605′S 143°00.790′E

2

North‑easterly along the geodesic to 11°28.490′S 143°00.905′E

3

South‑easterly along the geodesic to 11°28.643′S 143°01.057′E

4

South‑westerly along the geodesic to 11°28.757′S 143°00.943′E

5

North‑westerly along the geodesic to the starting point

Piper Islands South‑easterly Wind Designated Anchorage

6

The point 12°14.204′S 143°13.250′E

7

North‑easterly along the geodesic to 12°14.090′S 143°13.364′E

8

South‑easterly along the geodesic to 12°14.243′S 143°13.517′E

9

South‑westerly along the geodesic to 12°14.357′S 143°13.403′E

10

North‑westerly along the geodesic to the starting point

Piper Islands North‑westerly Wind Designated Anchorage (weather alternative)

11

The point 12°14.957′S 143°12.843′E

12

North‑easterly along the geodesic to 12°14.843′S 143°12.957′E

13

South‑easterly along the geodesic to 12°14.995′S 143°13.110′E

14

South‑westerly along the geodesic to 12°15.110′S 143°12.995′E

15

North‑westerly along the geodesic to the starting point

Night Island South‑easterly Wind Designated Anchorage

16

The point 13°10.271′S 143°33.983′E

17

North‑easterly along the geodesic to 13°10.157′S 143°34.099′E

18

South‑easterly along the geodesic to 13°10.309′S 143°34.252′E

19

South‑westerly along the geodesic to 13°10.424′S 143°34.137′E

20

North‑westerly along the geodesic to the starting point

Morris Island South‑easterly Wind Designated Anchorage

21

The point 13°29.305′S 143°42.890′E

22

North‑easterly along the geodesic to 13°29.190′S 143°43.004′E

23

South‑easterly along the geodesic to 13°29.343′S 143°43.157′E

24

South‑westerly along the geodesic to 13°29.457′S 143°43.043′E

25

North‑westerly along the geodesic to the starting point

Creech Reef South‑easterly Wind Designated Anchorage

26

The point 13°37.358′S 144°04.636′E

27

North‑easterly along the geodesic to 13°37.244′S 144°04.750′E

28

South‑easterly along the geodesic to 13°37.397′S 144°04.903′E

29

South‑westerly along the geodesic to 13°37.511′S 144°04.788′E

30

North‑westerly along the geodesic to the starting point

Pipon Island South‑easterly Wind Designated Anchorage

31

The point 14°06.805′S 144°30.190′E

32

North‑easterly along the geodesic to 14°06.690′S 144°30.304′E

33

South‑easterly along the geodesic to 14°06.843′S 144°30.457′E

34

South‑westerly along the geodesic to 14°06.957′S 144°30.342′E

35

North‑westerly along the geodesic to the starting point

Flinders Island Group Wongal Beach Designated Anchorage

36

The point 14°08.305′S 144°14.990′E

37

North‑easterly along the geodesic to 14°08.190′S 144°15.104′E

38

South‑easterly along the geodesic to 14°08.343′S 144°15.257′E

39

South‑westerly along the geodesic to 14°08.457′S 144°15.143′E

40

North‑westerly along the geodesic to the starting point

Flinders Island Group Stokes Bay Designated Anchorage (weather alternative)

41

The point 14°09.007′S 144°12.888′E

42

North‑easterly along the geodesic to 14°08.892′S 144°13.003′E

43

South‑easterly along the geodesic to 14°09.045′S 144°13.155′E

44

South‑westerly along the geodesic to 14°09.159′S 144°13.041′E

45

North‑westerly along the geodesic to the starting point

Bathurst Bay/Cape Melville South‑easterly Wind Designated Anchorage

46

The point 14°10.705′S 144°25.890′E

47

North‑easterly along the geodesic to 14°10.590′S 144°26.005′E

48

South‑easterly along the geodesic to 14°10.743′S 144°26.157′E

49

South‑westerly along the geodesic to 14°10.857′S 144°26.043′E

50

North‑westerly along the geodesic to the starting point

Ingram Island South‑easterly Wind Designated Anchorage

51

The point 14°24.505′S 144°52.290′E

52

North‑easterly along the geodesic to 14°24.390′S 144°52.405′E

53

South‑easterly along the geodesic to 14°24.543′S 144°52.557′E

54

South‑westerly along the geodesic to 14°24.657′S 144°52.443′E

55

North‑westerly along the geodesic to the starting point

\n```\n\n## Part 2 Cairns/Cooktown management area\n\n## Part 2—Cairns/Cooktown management area\n\n## 2 Cairns planning area\n\n#### 2 Cairns planning area\n\n A designated anchorage mentioned in a heading in the following table is the following area or point:\n (a) the area (other than an area of drying reef) bounded by the line starting at the point described in the first item of the table directly under that heading and running sequentially as described in the remaining items under that heading;\n (b) the area (other than an area of drying reef) or point described in the item directly under that heading.\n\n

Cairns planning area

Item

Description

Lizard Island Designated Anchorage

1

The intersection of the Lizard Island (14‑116a) coastline at mean low water and the parallel 14°40.136′S (at the point closest to 14°40.136′S 145°26.677′E)

2

North‑westerly along the geodesic to 14°39.710′S 145°26.264′E

3

North‑easterly along the geodesic to the intersection of the Lizard Island (14‑116a) coastline at mean low water and the parallel 14°39.185′S (at the point closest to 14°39.185′S 145°27.040′E)

4

Generally southerly then south‑easterly then south‑westerly along the Lizard Island (14‑116a) coastline at mean low water to the starting point

Ribbon Reef No. 5 (15‑038) Location Designated Anchorage

5

The area within the 500 metre line of Ribbon Reef No. 5 (15‑038)

Ribbon Reef No. 2 (15‑075a) Location Designated Anchorage

6

The area within the 500 metre line of Ribbon Reef No. 2 (15‑075a)

Agincourt Reef (15‑096) Designated Anchorage

7

The point 15°57.252′S 145°47.571′E

Norman Reef (16‑030) South‑Easterly Wind Designated Anchorage

8

The point 16°24.887′S 145°58.709′E

Norman Reef (16‑030) North‑Westerly Wind Designated Anchorage

9

The point 16°26.654′S 146°00.696′E

Moore Reef (16‑071) Designated Anchorage

10

The point 16°50.984′S 146°10.601′E

\n```\n\n## Part 3 Townsville/Whitsunday management area\n\n## Part 3—Townsville/Whitsunday management area\n\n## 3 Dunk Island\n\n#### 3 Dunk Island\n\n The designated anchorage mentioned in a heading in the following table is the area described in the item directly under that heading.\n\n

Dunk Island

Item

Description

Dunk Island Designated Anchorage

1

The area within 200 metres of the point 17°55.998′S 146°07.500′E

\n```\n\n## 4 Hinchinbrook planning area\n\n#### 4 Hinchinbrook planning area\n\n A designated anchorage mentioned in a heading in the following table is the area described in the item directly under that heading.\n\n

Hinchinbrook planning area

Item

Description

Cape Richards Designated Anchorage

1

The area within 250 metres of the point 1811.700′S 14612.700′E

Hecate Point Designated Anchorage

2

The area within 500 metres of the point 18°14.000′S 146°03.500′E

\n```\n\n## 5 Whitsunday planning area\n\n#### 5 Whitsunday planning area\n\n A designated anchorage mentioned in a heading in the following table is:\n (a) the area bounded by the line starting at the point described in the first item of the table directly under that heading and running sequentially as described in the remaining items under that heading; or\n (b) the area or point described in the item directly under that heading.\n\n

Whitsunday planning area

Item

Description

Hardy Reef Designated Anchorage

1

The area within 200 metres of the point 19°44.450′S 149°08.400′E

South Hayman Designated Anchorage

2

The point 20°04.200′S 148°53.400′E

3

South‑westerly along the geodesic to 20°04.700′S 148°53.200′E

4

North‑westerly along the geodesic to 20°04.280′S 148°52.270′E

5

North‑easterly along the geodesic to 20°03.900′S 148°52.510′E

6

South‑easterly along the geodesic to the starting point

Funnel Bay Designated Anchorage

7

The point 20°12.080′S 148°42.973′E

8

Easterly along the geodesic to 20°12.878′S 148°44.985′E

9

Southerly along the geodesic to 20°14.627′S 148°44.207′E

10

Westerly along the geodesic to 20°13.830′S 148°42.195′E

11

Northerly along the geodesic to the starting point

Cid Harbour Designated Anchorage

12

The point 20°14.300′S 148°56.000′E

13

Southerly along the geodesic to 20°15.000′S 148°56.200′E

14

South along the meridian 148°56.200′E to latitude 20°15.700′S

15

West along the parallel 20°15.700′S to longitude 148°55.800′E

16

North‑westerly along the geodesic to 20°14.300′S 148°55.200′E

17

East along the parallel 20°14.300′S to the starting point

Port Molle Designated Anchorage

18

The point 20°19.000′S 148°50.100′E

19

South‑easterly along the geodesic to 20°19.800′S 148°50.600′E

20

West along the parallel 20°19.800′S to longitude 148°50.000′E

21

North‑westerly along the geodesic to 20°19.000′S 148°49.500′E

22

East along the parallel 20°19.000′S to the starting point

Fitzalan Passage Designated Anchorage

23

The point 20°18.890′S 148°56.520′E

24

South‑easterly along the geodesic to 20°19.310′S 148°56.800′E

25

South‑westerly along the geodesic to 20°19.500′S 148°56.470′E

26

North‑westerly along the geodesic to 20°19.090′S 148°56.190′E

27

North‑easterly along the geodesic to the starting point

Turtle Bay Designated Anchorage

28

The point 20°19.500′S 149°01.000′E

29

South along the meridian 149°01.000′E to latitude 20°20.000′S

30

West along the parallel 20°20.000′S to longitude 148°59.500′E

31

North along the meridian 148°59.500′E to latitude 20°19.500′S

32

East along the parallel 20°19.500′S to the starting point

South East Hamilton Designated Anchorage

33

The area within 200 metres of the point 20°22.100′S 148°59.250′E

South Hamilton Designated Anchorage

34

The area within 200 metres of the point 20°22.900′S 148°57.700′E

North West Dent Island Designated Anchorage

35

The area within 200 metres of the point 20°20.600′S 148°54.900′E

\n```\n\n## Part 4 Mackay/Capricorn management area\n\n## Part 4—Mackay/Capricorn management area\n\n## 6 Mackay/Capricorn management area\n\n#### 6 Mackay/Capricorn management area\n\n A designated anchorage mentioned in a heading in the following table is the area described in the item directly under that heading.\n\n

Mackay/Capricorn management area

Item

Description

Great Keppel Island Designated Anchorage

1

The area enclosed between the coastal line and the coastal 1 kilometre line of Great Keppel Island (23‑012b)

Wistari Reef Designated Anchorage

2

The area enclosed between the reef edge and the 1 kilometre line of Wistari Reef (23‑053)

Lady Elliot Island Designated Anchorage

3

The area enclosed between the coastal line and the coastal 1 kilometre line of Lady Elliot Island (24‑008)

\n```\n\n","sortOrder":1},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Superyacht anchorages","content":"Schedule 2—Superyacht anchorages\n\nNote: See the definition of superyacht anchorage in subsection 5(1).\n\n## 1 Superyacht anchorages with capacity for one superyacht\n\n#### 1 Superyacht anchorages with capacity for one superyacht\n\n (1) A superyacht anchorage mentioned in column 1 of an item of the following table is the area, within the distance specified in column 2 of the item, of the point mentioned in column 3 of the item.\n\n

Superyacht anchorages with capacity for one superyacht

Item

Column 1

Superyacht anchorage

Column 2

Distance

Column 3

Description of point

1

Blue Pearl Bay, Hayman Island

250 m

The point 20°02.538′S 148°52.476′E

2

Bona Bay, Gloucester Island

250 m

The point 20°02.350′S 148°26.252′E

3

Border Island East

250 m

The point 20°09.916′S 149°02.744′E

4

Burning Point, Shaw Island

250 m

The point 20°30.033′S 149°02.845′E

5

Cape Conway/Repulse Bay

250 m

The point 20°31.858′S 148°52.728′E

6

Cateran Bay, Border Island

250 m

The point 20°08.918′S 149°01.806′E

7

Chance Bay, Whitsunday Island

250 m

The point 20°18.832′S 149°02.349′E

8

Gap Beach, Lindeman Islands

250 m

The point 20°25.685′S 149°02.692′E

9

Grassy Island

250 m

The point 20°08.526′S 148°35.807′E

10

Henning and Whitsunday Islands passage

250 m

The point 20°18.515′S 148°55.754′E

11

Luncheon Bay, Hook Island

250 m

The point 20°03.670′S 148°56.025′E

12

Macona Inlet, Hook Island

150 m

The point 20°09.323′S 148°55.574′E

13

Neck Bay, Shaw Island

150 m

The point 20°27.501′S 149°04.529′E

14

Roberta Bay, Shaw Island

250 m

The point 20°29.507′S 149°05.375′E

15

Scrub Hen Beach, Whitsunday Island

250 m

The point 20°10.251′S 148°57.066′E

16

Thomas Island

250 m

The point 20°33.236′S 149°07.446′E

17

Tongue Bay, Whitsunday Island

100 m

The point 20°13.916′S 149°01.171′E

18

Turtle Bay, Whitsunday Island

250 m

The point 20°18.933′S 148°59.631′E

19

Woodwark Bay

250 m

The point 20°11.187′S 148°39.939′E

\n```\n\n (2) The capacity of the superyacht anchorage is one superyacht.\n\n## 2 Superyacht anchorages with capacity of 2 superyachts\n\n#### 2 Superyacht anchorages with capacity of 2 superyachts\n\n (1) A superyacht anchorage specified in a heading in the following table is the area bounded by the line starting at the point described in the first item directly under the heading and running sequentially as described in the remaining items under that heading.\n\n

Superyacht anchorages with capacity of 2 superyachts

Item

Description

Stonehaven Anchorage, Hook Island superyacht anchorage

1

The point 20°05.507′S 148°53.644′E

2

East along the parallel 20°05.507′S to longitude 148°53.916′E

3

South along the meridian 148°53.916′E to latitude 20°06.073′S

4

West along the parallel 20°06.073′S to longitude 148°53.644′E

5

North along the meridian 148°53.644′E to the starting point

Whitehaven Beach South, Whitsunday Island superyacht anchorage

6

The point 20°16.699′S 149°03.195′E

7

East along the parallel 20°16.699′S to longitude 149°03.516′E

8

South along the meridian 149°03.516′E to latitude 20°17.279′S

9

West along the parallel 20°17.279′S to longitude 149°03.075′E

10

North‑westerly along the geodesic to the point 20°17.041′S 149°02.789′E

11

North‑easterly along the geodesic to the starting point

\n```\n\n (2) The capacity of the superyacht anchorage is 2 superyachts.\n\n","sortOrder":2},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"No‑anchoring areas","content":"Schedule 3—No‑anchoring areas\n\nNote: See the definition of no‑anchoring area in subsection 5(1).\n\n## Part 1 Orpheus and Magnetic Islands\n\n## Part 1—Orpheus and Magnetic Islands\n\n## 1 Magnetic Island—Arthur Bay\n\n#### 1 Magnetic Island—Arthur Bay\n\n The following map shows the no‑anchoring area at Arthur Bay, Magnetic Island.\n\n![Map showing the no-anchoring area at Arthur Bay](image.005.jpeg)\n\n## 2 Orpheus Island—Yanks Jetty\n\n#### 2 Orpheus Island—Yanks Jetty\n\n The following map shows the no‑anchoring area at Yanks Jetty, Orpheus Island.\n\n![Map showing the no-anchoring area at Yanks Jetty](image.006.jpeg)\n\n## Part 2 Bowen\n\n## Part 2—Bowen\n\n## 3 Bowen—Horseshoe Bay\n\n#### 3 Bowen—Horseshoe Bay\n\n The following map shows the no‑anchoring area at Horseshoe Bay, Bowen.\n\n![Map showing the no-anchoring area at Horseshoe Bay](image.007.jpeg)\n\n## Part 3 Whitsunday Planning Area\n\n## Part 3—Whitsunday Planning Area\n\n## 4 Bait Reef\n\n#### 4 Bait Reef\n\n The following map shows the no‑anchoring area at Bait Reef in the Whitsunday Planning Area.\n\n![Map showing the no-anchoring area at Bait Reef](image.008.jpeg)\n\n## 5 Black Island\n\n#### 5 Black Island\n\n The following map shows the no‑anchoring area at Black Island in the Whitsunday Planning Area.\n\n![Map showing the no-anchoring area at Black Island](image.009.jpeg)\n\n## 6 Daydream Island—Sunlover’s Bay\n\n#### 6 Daydream Island—Sunlover’s Bay\n\n The following map shows the no‑anchoring area at Sunlover’s Bay, Daydream Island, in the Whitsunday Planning Area.\n\n![Map showing the no-anchoring area at Sunlover's Bay](image.010.jpeg)\n\n## 7 Dumbell Island\n\n#### 7 Dumbell Island\n\n The following map shows the no‑anchoring area at Dumbell Island in the Whitsunday Planning Area.\n\n![Map showing the no-anchoring area at Dumbell Island](image.011.jpeg)\n\n## 8 Haslewood Island—Chalkies Beach\n\n#### 8 Haslewood Island—Chalkies Beach\n\n The following map shows the no‑anchoring area at Chalkies Beach, Haslewood Island, in the Whitsunday Planning Area.\n\n![Map showing the no-anchoring area at Chalkies Beach](image.012.jpeg)\n\n## 9 Hayman Island—Blue Pearl Bay\n\n#### 9 Hayman Island—Blue Pearl Bay\n\n The following map shows the no‑anchoring area at Blue Pearl Bay, Hayman Island, in the Whitsunday Planning Area.\n\n![Map showing the no-anchoring area at Blue Pearl Bay](image.013.jpeg)\n\n## 10 Hook Island—Caves Cove\n\n#### 10 Hook Island—Caves Cove\n\n The following map shows the no‑anchoring area at Caves Cove, Hook Island, in the Whitsunday Planning Area.\n\n![Map showing the no-anchoring area at Caves Cove](image.014.jpeg)\n\n## 11 Hook Island—Luncheon Bay and Manta Ray Bay\n\n#### 11 Hook Island—Luncheon Bay and Manta Ray Bay\n\n The following map shows the no‑anchoring area at Luncheon Bay and Manta Ray Bay, Hook Island, in the Whitsunday Planning Area.\n\n![Map showing the no-anchoring area at Luncheon Bay and Manta Ray Bay](image.015.jpeg)\n\n## 12 Langford Island\n\n#### 12 Langford Island\n\n The following map shows the no‑anchoring area at Langford Island in the Whitsunday Planning Area.\n\n![Map showing the no-anchoring area at Langford Island](image.016.jpeg)\n\n## 13 South Molle Island—Sandy Bay\n\n#### 13 South Molle Island—Sandy Bay\n\n The following map shows the no‑anchoring area at Sandy Bay, South Molle Island, in the Whitsunday Planning Area.\n\n![Map showing the no-anchoring area at Sandy Bay](image.017.jpeg)\n\n## 14 Whitsunday Island—Cairn Beach\n\n#### 14 Whitsunday Island—Cairn Beach\n\n The following map shows the no‑anchoring area at Cairn Beach, Whitsunday Island, in the Whitsunday Planning Area.\n\n![Map showing the no-anchoring area at Cairn Beach](image.018.jpeg)\n\n","sortOrder":3},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Whale protection area","content":"Schedule 4—Whale protection area\n\nNote: See the definition of whale protection area in subsection 5(1).\n\n## 1 Whale protection area\n\n#### 1 Whale protection area\n\n The whale protection area is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Whale protection area

Item

Description

1

The intersection of the mainland coastline at mean low water and the meridian 148°27.183′E (at the point closest to 20°03.602′S 148°27.183′E)

2

North‑westerly along the geodesic to 19°58.025′S 148°18.597′E

3

Easterly along the geodesic to 19°57.960′S 148°52.796′E

4

South along the meridian 148°52.796′E to the intersection of the 1 nautical mile line of Hayman Island (20‑014) and the meridian 148°52.796′E (at the point closest to 20°01.183′S 148°52.796′E)

5

Generally south‑easterly along the 1 nautical mile line of Hayman Island (20‑014) to the intersection of the 1 nautical mile line of Hayman Island (20‑014) and the 1 nautical mile line of Hook Island (20‑028) (at the point closest to 20°02.785′S 148°54.921′E)

6

Generally easterly along the 1 nautical mile line of Hook Island (20‑028) to the intersection of the 1 nautical mile line of Hook Island (20‑028) and the 1 nautical mile line of Unnamed Rock (20‑028c) (at the point closest to 20°02.607′S 148°57.896′E)

7

Generally south‑easterly along the 1 nautical mile line of Unnamed Rock (20‑028c) to the intersection of the 1 nautical mile line of Unnamed Rock (20‑028c) and the 1 nautical mile line of Double Rock (North) (20‑018a) and Double Rock (South) (20‑018b) (at the point closest to 20°03.379′S 148°58.928′E)

8

Generally southerly along the 1 nautical mile line of Double Rock (North) (20‑018a) and Double Rock (South) (20‑018b) to the intersection of the 1 nautical mile line of Double Rock (North) (20‑018a) and Double Rock (South) (20‑018b) and the 1 nautical mile line of Hook Island (20‑028) (at the point closest to 20°05.325′S 148°58.559′E)

9

Generally southerly along the 1 nautical mile line of Hook Island (20‑028) to the intersection of the 1 nautical mile line of Hook Island (20‑028) and the 1 nautical mile line of Whitsunday Island (20‑041a) (at the point closest to 20°08.319′S 148°57.870′E)

10

Generally south‑easterly along the 1 nautical mile line of Whitsunday Island (20‑041a) to the intersection of the 1 nautical mile line of Whitsunday Island (20‑041a) and the 1 nautical mile line of Dumbell Island (20‑068) (at the point closest to 20°09.577′S 148°59.759′E)

11

Generally north‑easterly along the 1 nautical mile line of Dumbell Island (20‑068) to the intersection of the 1 nautical mile line of Dumbell Island (20‑068) and the 1 nautical mile line of Border Island (20‑067) (at the point closest to 20°09.362′S 149°00.210′E)

12

Generally easterly along the 1 nautical mile line of Border Island (20‑067) to the intersection of the 1 nautical mile line of Border Island (20‑067) and the 1 nautical mile line of Jester Rock (20‑088) (at the point closest to 20°08.391′S 149°03.279′E)

13

Generally north‑easterly then south‑easterly along the 1 nautical mile line of Jester Rock (20‑088) to the intersection of the 1 nautical mile line of Jester Rock (20‑088) and the 1 nautical mile line of Deloraine Island (20‑089) (at the point closest to 20°08.799′S 149°05.372′E)

14

Generally southerly then westerly along the 1 nautical mile line of Deloraine Island (20‑089) to the intersection of the 1 nautical mile line of Deloraine Island (20‑089) and the 1 nautical mile line of Border Island (20‑067) (at the point closest to 20°10.266′S 149°03.599′E)

15

Generally south‑westerly along the 1 nautical mile line of Border Island (20‑067) to the intersection of the 1 nautical mile line of Border Island (20‑067) and the meridian 149°02.405′E (at the point closest to 20°11.996′S 149°02.405′E)

16

Southerly along the geodesic to the intersection of the 1 nautical mile line of Esk Island (20‑070) and the meridian 149°02.427′E (at the point closest to 20°12.881′S 149°02.427′E)

17

Generally south‑easterly along the 1 nautical mile line of Esk Island (20‑070) to the intersection of the 1 nautical mile line of Esk Island (20‑070) and the parallel 20°14.561′S (at the point closest to 20°14.561′S 149°03.525′E)

18

South‑easterly along the geodesic to the intersection of the 1 nautical mile line of U/N Island (20‑077) and the meridian 149°04.025′E (at the point closest to 20°14.968′S 149°04.025′E)

19

Generally easterly along the 1 nautical mile line of U/N Island (20‑077) to the intersection of the 1 nautical mile line of U/N Island (20‑077) and the 1 nautical mile line of Haslewood Island (20‑078a) (at the point closest to 20°14.653′S 149°05.094′E)

20

Generally easterly along the 1 nautical mile line of Haslewood Island (20‑078a) to the intersection of the 1 nautical mile line of Haslewood Island (20‑078a) and the meridian 149°07.054′E (at the point closest to 20°14.499′S 149°07.054′E)

21

North‑easterly along the geodesic to the intersection of the 1 nautical mile line of Wirrainbeia Island (20‑073) and the parallel 20°14.258′S (at the point closest to 20°14.258′S 149°07.427′E)

22

Generally northerly along the 1 nautical mile line of Wirrainbeia Island (20‑073) to the intersection of the 1 nautical mile line of Wirrainbeia Island (20‑073) and the 1 nautical mile line of Ireby Island (20‑071) (at the point closest to 20°13.794′S 149°07.435′E)

23

Generally northerly then easterly along the 1 nautical mile line of Ireby Island (20‑071) to the intersection of the 1 nautical mile line of Ireby Island (20‑071) and the 1 nautical mile line of Sillago Island (20‑072) (at the point closest to 20°13.104′S 149°09.510′E)

24

Generally south‑easterly along the 1 nautical mile line of Sillago Island (20‑072) to the intersection of the 1 nautical mile line of Sillago Island (20‑072) and the 1 nautical mile line of Edward Island (20‑075a) (at the point closest to 20°13.527′S 149°10.544′E)

25

Generally south‑easterly along the 1 nautical mile line of Edward Island (20‑075a) to the intersection of the 1 nautical mile line of Edward Island (20‑075a) and the 1 nautical mile line of Yiundalla Island (20‑075c) (at the point closest to 20°14.368′S 149°11.573′E)

26

Generally southerly along the 1 nautical mile line of Yiundalla Island (20‑075c) to the intersection of the 1 nautical mile line of Yiundalla Island (20‑075c) and the 1 nautical mile line of Buddibuddi Island (20‑075b) (at the point closest to 20°16.314′S 149°10.956′E)

27

Generally westerly along the 1 nautical mile line of Buddibuddi Island (20‑075b) to the intersection of the 1 nautical mile line of Buddibuddi Island (20‑075b) and the 1 nautical mile line of Edward Island (20‑075a) (at the point closest to 20°16.100′S 149°10.054′E)

28

Generally north‑westerly along the 1 nautical mile line of Edward Island (20‑075a) to the intersection of the 1 nautical mile line of Edward Island (20‑075a) and the 1 nautical mile line of Harold Island (20‑074a) (at the point closest to 20°15.684′S 149°09.420′E)

29

Generally westerly along the 1 nautical mile line of Harold Island (20‑074a) to the intersection of the 1 nautical mile line of Harold Island (20‑074a) and the meridian 149°08.894′E (at the point closest to 20°15.613′S 149°08.894′E)

30

South‑westerly along the geodesic to the intersection of the 1 nautical mile line of Workington Island (20‑079) and the parallel 20°15.858′S (at the point closest to 20°15.858′S 149°08.491′E)

31

Generally southerly along the 1 nautical mile line of Workington Island (20‑079) to the intersection of the 1 nautical mile line of Workington Island (20‑079) and the 1 nautical mile line of U/N Island (20‑078h) (at the point closest to 20°17.372′S 149°07.836′E)

32

Generally south‑westerly along the 1 nautical mile line of U/N Island (20‑078h) to the intersection of the 1 nautical mile line of U/N Island (20‑078h) and the 1 nautical mile line of Lupton Island (20‑078b) (at the point closest to 20°17.518′S 149°07.720′E)

33

Generally south‑westerly along the 1 nautical mile line of Lupton Island (20‑078b) to the intersection of the 1 nautical mile line of Lupton Island (20‑078b) and the 1 nautical mile line of Nicolson Island (20‑081) (at the point closest to 20°18.331′S 149°06.925′E)

34

Generally south‑westerly along the 1 nautical mile line of Nicolson Island (20‑081) to the intersection of the 1 nautical mile line of Nicolson Island (20‑081) and the 1 nautical mile line of Haslewood Island (20‑078a) (at the point closest to 20°19.340′S 149°05.103′E)

35

Generally westerly along the 1 nautical mile line of Haslewood Island (20‑078a) to the intersection of the 1 nautical mile line of Haslewood Island (20‑078a) and the 1 nautical mile line of Nunga Island (20‑082b) (at the point closest to 20°19.334′S 149°04.976′E)

36

Generally westerly along the 1 nautical mile line of Nunga Island (20‑082b) to the intersection of the 1 nautical mile line of Nunga Island (20‑082b) and the 1 nautical mile line of Frith Rock (20‑804) (at the point closest to 20°19.606′S 149°03.789′E)

37

Generally westerly along the 1 nautical mile line of Frith Rock (20‑804) to the intersection of the 1 nautical mile line of Frith Rock (20‑804) and the 1 nautical mile line of U/N Island (20‑041d) (at the point closest to 20°19.635′S 149°03.491′E)

38

Generally south‑westerly along the 1 nautical mile line of U/N Island (20‑041d) to the intersection of the 1 nautical mile line of U/N Island (20‑041d) and the meridian 149°02.910′E (at the point closest to 20°19.913′S 149°02.910′E)

39

South‑westerly along the geodesic to the intersection of the 1 nautical mile line of Surprise Rock (20‑083) and the parallel 20°20.555′S (at the point closest to 20°20.555′S 149°02.295′E)

40

Generally south‑westerly along the 1 nautical mile line of Surprise Rock (20‑083) to the intersection of the 1 nautical mile line of Surprise Rock (20‑083) and the meridian 149°01.558′E (at the point closest to 20°22.316′S 149°01.558′E)

41

Southerly along the geodesic to the intersection of the 1 nautical mile line of Pentecost Island (20‑085) and the meridian 149°01.575′E (at the point closest to 20°22.577′S 149°01.575′E)

42

Generally easterly then south‑easterly then southerly along the 1 nautical mile line of Pentecost Island (20‑085) to the intersection of the 1 nautical mile line of Pentecost Island (20‑085) and the parallel 20°24.302′S (at the point closest to 20°24.302′S 149°03.251′E)

43

Easterly along the geodesic to the intersection of the 1 nautical mile line of Maher Island (20‑405) and the parallel 20°24.631′S (at the point closest to 20°24.631′S 149°04.298′E)

44

Generally easterly along the 1 nautical mile line of Maher Island (20‑405) to the intersection of the 1 nautical mile line of Maher Island (20‑405) and the 1 nautical mile line of Baynham Island (20‑091) (at the point closest to 20°25.022′S 149°06.683′E)

45

Generally southerly along the 1 nautical mile line of Baynham Island (20‑091) to the intersection of the 1 nautical mile line of Baynham Island (20‑091) and the 1 nautical mile line of Comston Island (20‑093) (at the point closest to 20°26.788′S 149°07.151′E)

46

Generally south‑easterly along the 1 nautical mile line of Comston Island (20‑093) to the intersection of the 1 nautical mile line of Comston Island (20‑093) and the 1 nautical mile line of Mansell Island (20‑096) (at the point closest to 20°26.834′S 149°07.224′E)

47

Generally south‑easterly then south‑westerly along the 1 nautical mile line of Mansell Island (20‑096) to the intersection of the 1 nautical mile line of Mansell Island (20‑096) and the meridian 149°08.026′E (at the point closest to 20°29.977′S 149°08.026′E)

48

Generally southerly along the geodesic to the intersection of the 1 nautical mile line of Thomas Island (20‑034a) and the parallel 20°31.746′S (at the point closest to 20°31.746′S 149°08.014′E)

49

Generally south‑easterly along the 1 nautical mile line of Thomas Island (20‑034a) to the intersection of the 1 nautical mile line of Thomas Island (20‑034a) and the 1 nautical mile line of Fairlight Rock (20‑035) (at the point closest to 20°31.901′S 149°08.185′E)

50

Generally south‑easterly along the 1 nautical mile line of Fairlight Rock (20‑035) to the intersection of the 1 nautical mile line of Fairlight Rock (20‑035) and the parallel 20°33.169′S (at the point closest to 20°33.169′S 149°09.055′E)

51

Westerly along the geodesic to 20°39.169′S 148°45.825′E

52

North along the meridian 148°45.825′E to the intersection of the mainland coastline at mean low water and the meridian 148°45.825′E (at the point closest to 20°28.791′S 148°45.825′E)

53

Generally north‑easterly then south‑easterly then north‑westerly along the mainland coastline at mean low water to the intersection of the mainland coastline at mean low water and the meridian 148°44.017′E (at the point closest to 20°15.216′S 148°44.017′E)

54

North‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the meridian 148°40.870′E (at the point closest to 20°13.880′S 148°40.870′E)

55

North‑westerly along the mainland coastline at mean low water to the starting point

\n```\n\n","sortOrder":4},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Special Management Areas","content":"Schedule 5—Special Management Areas\n\n## Part 1 Species Conservation (Dugong Protection) SMAs\n\n## Part 1—Species Conservation (Dugong Protection) SMAs\n\nNote: See section 44.\n\n## 1 Species Conservation (Dugong Protection) SMAs\n\n#### 1 Species Conservation (Dugong Protection) SMAs\n\n A Species Conservation (Dugong Protection) SMA, or a part of a Species Conservation (Dugong Protection) SMA, specified in a heading in the following table is the area bounded by the line starting at the point described in the first item directly under the heading and running sequentially as described in the remaining items under the heading.\n\n

Species Conservation (Dugong Protection) SMA

Item

Description

Part 1 of the Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA

1

The intersection of the mainland coastline at mean low water and the parallel 18°12.809′S (at the point closest to 18°12.809′S 146°00.778′E)

2

North‑easterly along the geodesic to 18°08.493′S 146°09.898′E

3

East along the parallel 18°08.493′S to the intersection of the coastal 500 metre line around the Brook Islands at mean low water and the parallel 18°08.493′S (at the point closest to 18°08.493′S 146°16.291′E)

4

Generally northerly then south‑easterly along the coastal 500 metre line around the Brook Islands at mean low water to the intersection of the coastal 500 metre line around the Brook Islands at mean low water and the meridian 146°18.298′E (at the point closest to 18°09.813′S 146°18.298′E)

5

Southerly along the geodesic to the intersection of the coastal 500 metre line around Eva Island (18‑013b) at mean low water and the meridian 146°19.148′E (at the point closest to 18°13.651′S 146°19.148′E)

6

Generally easterly then south‑westerly along the coastal 500 metre line around Eva Island (18‑013b) at mean low water to the intersection of the coastal 500 metre line around Eva Island (18‑013b) at mean low water and the meridian 146°19.700′E (at the point closest to 18°14.650′S 146°19.700′E)

7

Southerly along the geodesic to the intersection of the Hinchinbrook Island (18‑014) coastline at mean low water and the parallel 18°25.173′S (at the point closest to 18°25.173′S 146°21.460′E)

8

Generally northerly then southerly then westerly along the Hinchinbrook Island (18‑014) coastline at mean low water to the intersection of the Hinchinbrook Island (18‑014) coastline at mean low water and the Marine Park boundary (at the point closest to 18°14.816′S 146°04.238′E)

9

West along the Marine Park boundary to the intersection of the mainland coastline at mean low water and the parallel 18°14.816′S (at the point closest to 18°14.816′S 146°00.983′E)

10

Generally northerly along the mainland coastline at mean low water to the starting point

Part 2 of the Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA

11

The intersection of the Hinchinbrook Island (18‑014) coastline at mean low water and the parallel 18°25.176′S (at the point closest to 18°25.176′S 146°21.460′E)

12

Southerly along the geodesic to the intersection of the Marine Park boundary and the meridian 146°22.827′E (at the point closest to 18°29.986′S 146°22.827′E)

13

Westerly along the Marine Park boundary to the intersection of the mainland coastline at mean low water and the meridian 146°19.059′E (at the point closest to 18°31.109′S 146°19.059′E)

14

North along the Marine Park boundary to the intersection with the Hinchinbrook Island (18‑014) coastline at mean low water and the meridian 146°19.059′E (at the point closest to 18°29.349′S 146°19.059′E)

15

North‑easterly along the Hinchinbrook Island (18‑014) coastline at mean low water to the starting point

Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA

16

The intersection of the Marine Park boundary and the parallel 18°34.709′S (at the point closest to 18°34.709′S 146°23.378′E)

17

Southerly along the geodesic to 18°37.593′S 146°23.098′E

18

South‑westerly along the geodesic to 18°42.393′S 146°21.131′E

19

West along the parallel 18°42.393′S to the intersection of the mainland coastline at mean low water and the parallel 18°42.393′S (at the point closest to 18°42.393′S 146°18.046′E)

20

Northerly along the mainland coastline at mean low water to the intersection of the Marine Park boundary and the parallel 18°34.709′S (at the point closest to 18°34.709′S 146°20.449′E)

21

East along the Marine Park boundary to the starting point

Part 1 of the Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA

22

The intersection of the mainland coastline at mean low water and the parallel 19°10.708′S (at the point closest to 19°10.708′S 146°39.060′E)

23

Easterly along the geodesic to the intersection of the coastal 500 metre line around Magnetic Island (19‑009) at mean low water and the parallel 19°07.779′S (at the point closest to 19°07.779′S 146°46.469′E)

24

Generally easterly along the coastal 500 metre line around Magnetic Island (19‑009) at mean low water to the intersection of the coastal 500 metre line around Magnetic Island (19‑009) at mean low water and the meridian 146°50.045′E (at the point closest to 19°06.028′S 146°50.045′E)

25

Easterly along the geodesic to the intersection of the coastal 500 metre line around Magnetic Island (19‑009) and the meridian 146°51.765′E (at the point closest to 19°05.859′S 146°51.765′E)

26

Generally south‑easterly along the coastal 500 metre line around Magnetic Island (19‑009) at mean low water to the intersection of the coastal 500 metre line around Magnetic Island (19‑009) at mean low water and the parallel 19°06.879′S (at the point closest to 19°06.879′S 146°53.357′E)

27

South‑easterly along the geodesic to the intersection of the Marine Park boundary and the meridian 146°54.690′E (at the point closest to 19°07.599′S 146°54.690′E)

28

Generally westerly then south‑westerly along the Marine Park boundary to the intersection of the mainland coastline at mean low water and the meridian 146°47.465′E (at the point closest to 19°14.435′S 146°47.465′E)

29

Generally northerly then westerly along the mainland coastline at mean low water to the starting point

Part 2 of the Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA

30

The intersection of the Marine Park boundary and the meridian 146°58.286′E (at the point closest to 19°09.539′S 146°58.286′E)

31

South‑easterly along the geodesic to the intersection of the northern tip of the mainland coastline at mean low water near Cape Cleveland and the meridian 147°00.828′E (at the point closest to 19°10.910′S 147°00.828′E)

32

Generally south‑westerly along the mainland coastline at mean low water to the intersection of the mainland coastline at mean low water and the meridian 146°51.465′E (at the point closest to 19°16.975′S 146°51.465′E)

33

North‑easterly along the Marine Park boundary to the starting point

Bowling Green Bay Species Conservation (Dugong Protection) SMA

34

The intersection of the mainland coastline at mean low water near Cape Cleveland and the meridian 147°00.891′E (at the point closest to 19°10.920′S 147°00.891′E)

35

Easterly along the geodesic to the intersection of the mainland coastline at mean low water near Cape Bowling Green and the meridian 147°23.495′E (at the point closest to 19°18.137′S 147°23.495′E)

36

Generally southerly then westerly then north‑westerly along the mainland coastline at mean low water to the starting point

Upstart Bay Species Conservation (Dugong Protection) SMA

37

The intersection of the mainland coastline at mean low water near Beach Hill and the parallel 19°43.525′S (at the point closest to 19°43.525′S 147°35.273′E)

38

Easterly along the geodesic to the intersection of the mainland coastline at mean low water near Cape Upstart and the parallel 19°42.403′S (at the point closest to 19°42.403′S 147°45.156′E)

39

Generally southerly then north‑westerly along the mainland coastline at mean low water to the starting point

Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

40

The intersection of the mainland coastline at mean low water and the meridian 148°11.962′E (at the point closest to 19°56.849′S 148°11.962′E)

41

Easterly along the geodesic to the intersection of Gloucester Island (20‑003) coastline at mean low water and the meridian 148°27.061′E (at the point closest to 19°58.300′S 148°27.061′E)

42

South‑westerly then southerly along the Gloucester Island (20‑003) coastline at mean low water to the intersection of the Gloucester Island (20‑003) coastline at mean low water and the meridian 148°27.430′E (at the point closest to 20°03.136′S 148°27.430′E)

43

South‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the meridian 148°27.188′E (at the point closest to 20°03.624′S 148°27.188′E)

44

Generally southerly then westerly then north‑westerly along the mainland coastline at mean low water to the intersection of mainland coastline at mean low water and the Marine Park boundary (at the point closest to 20°04.408′S 148°16.622′E)

45

Generally easterly then northerly then westerly along the Marine Park boundary to the intersection of the mainland coastline at mean low water and the parallel 20°00.708′S (at the point closest to 20°00.708′S 148°16.102′E)

46

Generally northerly then north‑westerly along the mainland coastline at mean low water to the starting point

Repulse Bay Species Conservation (Dugong Protection) SMA

47

The intersection of the mainland coastline at mean low water and the meridian 148°45.870′E (at the point closest to 20°28.839′S 148°45.870′E)

48

Generally north‑easterly then southerly along the mainland coastline at mean low water to the intersection of the mainland coastline at mean low water and the meridian 148°49.776′E (at the point closest to 20°30.132′S 148°49.776′E)

49

Westerly along the geodesic to 20°30.141′S 148°45.847′E

50

Northerly along the geodesic to the starting point

Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA

51

The intersection of the mainland coastline at mean low water and the parallel 20°44.908′S (at the point closest to 20°44.908′S 148°46.663′E)

52

East along the parallel 20°44.908′S to longitude 148°50.763′E

53

South‑easterly along the geodesic to 20°51.924′S 148°59.813′E

54

South along the meridian 148°59.813′E to the intersection of the mainland coastline at mean low water and the parallel 20°53.625′S (at the point closest to 20°53.625′S 148°59.813′E)

55

Generally westerly then north‑westerly along the mainland coastline at mean low water to the starting point

Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA

56

The intersection of the mainland coastline at mean low water at Ball Bay and the meridian 148°59.813′E (at the point closest to 20°53.625′S 148°59.813′E)

57

North along the meridian 148°59.813′E to latitude 20°51.924′S

58

South‑easterly along the geodesic to 20°56.724′S 149°06.846′E

59

South‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the meridian 149°05.763′E (at the point closest to 20°58.774′S 149°05.763′E)

60

Generally westerly then northerly along the mainland coastline at mean low water to the starting point

Llewellyn Bay Species Conservation (Dugong Protection) SMA

61

The intersection of the mainland coastline at mean low water and the meridian 149°19.840′E (at the point closest to 21°24.643′S 149°19.840′E)

62

Easterly along the geodesic to 21°27.024′S 149°27.763′E

63

Southerly along the geodesic to 21°30.574′S 149°28.979′E

64

Westerly along the geodesic to 21°29.124′S 149°24.413′E

65

Westerly along the geodesic to the intersection of the mainland coastline at mean low water and the meridian 149°20.630′E (at the point closest to 21°28.565′S 149°20.630′E)

66

Generally westerly then northerly along the mainland coastline at mean low water to the starting point

Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA

67

The intersection of the mainland coastline at mean low water and the meridian 149°20.630′E (at the point closest to 21°28.565′S 149°20.630′E)

68

Easterly along the geodesic to 21°29.124′S 149°24.413′E

69

Easterly along the geodesic to 21°30.574′S 149°28.979′E

70

Southerly along the geodesic to the intersection of the mainland coastline at mean low water and the meridian 149°28.968′E (at the point closest to 21°31.935′S 149°28.968′E)

71

Generally southerly then north‑westerly along the mainland coastline at mean low water to the starting point

Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA

72

The intersection of the mainland coastline at mean low water and the parallel 21°54.324′S (at the point closest to 21°54.324′S 149°27.864′E)

73

East along the parallel 21°54.324′S to longitude 149°33.063′E

74

South‑easterly along the geodesic to 21°57.807′S 149°35.813′E

75

South along the meridian 149°35.813′E to latitude 22°01.657′S

76

Southerly along the geodesic to 22°10.474′S 149°36.779′E

77

Westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 22°10.450′S (at the point closest to 22°10.450′S 149°34.022′E)

78

Northerly along the mainland coastline at mean low water to the starting point

Shoalwater Bay Species Conservation (Dugong Protection) SMA

79

The intersection of mainland coastline at mean low water and the parallel 22°19.550′S (at the point closest to 22°19.550′S 150°11.575′E)

80

North‑easterly along the geodesic to the intersection of the Swan Island (22‑062) coastline at mean low water and the parallel 22°19.308′S (at the point closest to 22°19.308′S 150°12.145′E)

81

Generally south‑easterly then north‑easterly along the Swan Island (22‑062) coastline at mean low water to the intersection of the Swan Island (22‑062) coastline at mean low water and the parallel 22°19.168′S (at the point closest to 22°19.168′S 150°12.477′E)

82

North‑easterly along the geodesic to the intersection of the Townshend Island (22‑805) coastline at mean low water and the meridian 150°28.724′E (at the point closest to 22°12.283′S 150°28.724′E)

83

Generally southerly then easterly along the Townshend Island (22‑805) coastline at mean low water to the intersection of the Townshend Island (22‑805) coastline at mean low water and the parallel 22°17.753′S (at the point closest to 22°17.753′S 150°33.680′E)

84

Southerly along the geodesic to the intersection of the mainland coastline at mean low water near Reef Point and the meridian 150°33.980′E (at the point closest to 22°18.950′S 150°33.980′E)

85

Generally southerly then north‑westerly along the mainland coastline at mean low water to the starting point

Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA

86

The intersection of the mainland coastline at mean low water near Reef Point and the meridian 150°33.980′E (at the point closest to 22°18.950′S 150°33.980′E)

87

Northerly along the geodesic to the intersection of the Townshend Island (22‑805) coastline at mean low water and the parallel 22°17.753′S (at the point closest to 22°17.753′S 150°33.680′E)

88

Easterly along the geodesic to 22°19.590′S 150°39.596′E

89

South‑easterly along the geodesic to 22°21.507′S 150°41.229′E

90

Southerly along the geodesic to 22°22.340′S 150°41.529′E

91

South‑easterly along the geodesic to 22°24.873′S 150°43.262′E

92

South‑easterly along the geodesic to 22°26.907′S 150°45.428′E

93

Southerly along the geodesic to 22°31.890′S 150°47.346′E

94

Southerly along the geodesic to the intersection of the mainland coastline at mean low water near Cape Clinton and the parallel 22°32.231′S (at the point closest to 22°32.231′S 150°47.326′E)

95

Generally north‑westerly along the mainland coastline at mean low water to the starting point

Part 1 of the Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

96

The intersection of the Facing Island (23‑061) coastline at mean low water and the meridian 151°19.953′E (at the point closest to 23°45.219′S 151°19.953′E)

97

Generally south‑westerly along the Facing Island (23‑061) coastline at mean low water to the intersection of the Facing Island (23‑061) coastline at mean low water and the Marine Park boundary (at the point closest to 23°45.346′S 151°19.813′E)

98

Westerly along the Marine Park boundary to the intersection of the Marine Park boundary and the meridian 151°19.567′E (at the point closest to 23°45.340′S 151°19.567′E)

99

Easterly along the geodesic to the starting point

Part 2 of the Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

100

The intersection of the Facing Island (23‑061) coastline at mean low water and the parallel 23°51.876′S (at the point closest to 23°51.876′S 151°23.667′E)

101

South‑easterly along the geodesic to the intersection of the Marine Park boundary and the parallel 23°52.173′S (at the point closest to 23°52.173′S 151°24.241′E)

102

South‑westerly along the Marine Park boundary to the intersection of the Facing Island (23‑061) coastline at mean low water and the parallel 23°52.526′S (at the point closest to 23°52.526′S 151°23.317′E)

103

Generally north–easterly along the Facing Island (23‑061) coastline at mean low water to the starting point

Part 3 of the Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

104

The intersection of the Marine Park boundary and the meridian 151°30.695′E (at the point closest to 23°55.522′S 151°30.695′E)

105

South‑easterly along the geodesic to the intersection of the mainland coastline at mean low water and the meridian 151°36.814′E (at the point closest to 23°58.697′S 151°36.814′E)

106

Generally southerly along the mainland coastline at mean low water to the intersection of the mainland coastline at mean low water and the Marine Park boundary (at the point closest to 24°00.515′S 151°36.203′E)

107

South‑westerly along the Marine Park boundary to the intersection of the Hummock Hill Island (24‑801) coastline at mean low water and the parallel 24°02.036′S (at the point closest to 24°02.036′S 151°32.748′E)

108

Generally north‑westerly along the Hummock Hill Island (24‑801) coastline at mean low water to the intersection of the Marine Park boundary and the meridian 151°26.535′E (at the point closest to 23°59.499′S 151°26.535′E)

109

North‑easterly along the Marine Park boundary to the starting point

\n```\n\n## 3 No netting (other than bait netting) area within Bowling Green Bay Species Conservation (Dugong Protection) SMA\n\n#### 3 No netting (other than bait netting) area within Bowling Green Bay Species Conservation (Dugong Protection) SMA\n\n The area in which no netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), may be carried out under subsection 44(4) is the area within Bowling Green Bay Species Conservation (Dugong Protection) SMA bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

No netting (other than bait netting) area within Bowling Green Bay Species Conservation (Dugong Protection) SMA

Item

Description

1

The point 19°23.282′S 147°15.684′

2

East along the parallel 19°23.282′S to longitude 147°23.581′E

3

South along the meridian 147°23.581′E to latitude 19°23.985′S

4

West along the parallel 19°23.985′S to longitude 147°15.684′E

5

North along the meridian 147°15.684′E to the starting point

\n```\n\n## Part 2 Seasonal Closure (Offshore Ribbon Reefs)\n\n## Part 2—Seasonal Closure (Offshore Ribbon Reefs)\n\nNote: See section 45.\n\n## 5 Seasonal Closure (Offshore Ribbon Reefs) SMAs\n\n#### 5 Seasonal Closure (Offshore Ribbon Reefs) SMAs\n\n (1) A Seasonal Closure (Offshore Ribbon Reefs) SMA specified in a heading in the following table is the area bounded by the line starting at the point described in the first item directly under the heading and running sequentially in the remaining items under the heading.\n\n

Seasonal Closure (Offshore Ribbon Reefs) SMA

Item

Description

Day Reef (14‑089) Seasonal Closure (Offshore Ribbon Reefs) SMA

1

The point 14°26.393′S 145°32.329′E

2

South‑easterly along the geodesic to 14°29.879′S 145°35.407′E

3

South‑westerly along the geodesic to 14°31.641′S 145°33.543′E

4

Westerly along the geodesic to 14°31.458′S 145°32.208′E

5

North‑westerly along the geodesic to 14°31.379′S 145°32.060′E

6

Easterly along the geodesic to 14°31.297′S 145°33.491′E

7

North‑easterly along the geodesic to 14°30.952′S 145°33.960′E

8

Northerly along the geodesic to 14°30.363′S 145°33.897′E

9

North‑westerly along the geodesic to 14°28.210′S 145°32.101′E

10

Westerly along the geodesic to 14°28.173′S 145°31.252′E

11

South‑westerly along the geodesic to 14°28.386′S 145°30.877′E

12

Northerly along the geodesic to 14°27.761′S 145°31.128′E

13

North‑easterly along the geodesic to the starting point

Ribbon No. 10 Reef (14‑146) Seasonal Closure (Offshore Ribbon Reefs) SMA

14

The point 14°39.402′S 145°39.530′E

15

East along the parallel 14°39.402′S to longitude 145°41.808′E

16

South‑easterly along the geodesic to 14°41.983′S 145°43.512′E

17

Southerly along the geodesic to 14°44.737′S 145°44.329′E

18

Southerly along the geodesic to 14°51.997′S 145°45.742′E

19

Southerly along the geodesic to 14°55.703′S 145°44.650′E

20

West along the parallel 14°55.703′S to longitude 145°42.438′E

21

Easterly along the geodesic to 14°55.549′S 145°42.861′E

22

North‑easterly along the geodesic to 14°55.224′S 145°43.256′E

23

Northerly along the geodesic to 14°54.309′S 145°43.677′E

24

Northerly along the geodesic to 14°53.183′S 145°44.030′E

25

Northerly along the geodesic to 14°52.154′S 145°44.157′E

26

Northerly along the geodesic to 14°50.703′S 145°44.058′E

27

Northerly along the geodesic to 14°49.184′S 145°43.692′E

28

Northerly along the geodesic to 14°46.774′S 145°43.284′E

29

Northerly along the geodesic to 14°45.888′S 145°43.044′E

30

Northerly along the geodesic to 14°44.983′S 145°42.903′E

31

North‑westerly along the geodesic to 14°44.518′S 145°42.558′E

32

Northerly along the geodesic to 14°44.211′S 145°42.453′E

33

Northerly along the geodesic to 14°42.576′S 145°42.216′E

34

North‑westerly along the geodesic to 14°42.156′S 145°41.946′E

35

North‑westerly along the geodesic to 14°43.000′S 145°41.635′E

36

North‑westerly along the geodesic to 14°41.556′S 145°41.124′E

37

Northerly along the geodesic to 14°40.843′S 145°40.909′E

38

Westerly along the geodesic to 14°40.719′S 145°40.566′E

39

North‑westerly along the geodesic to 14°40.422′S 145°40.355′E

40

Northerly along the geodesic to 14°39.806′S 145°40.156′E

41

North‑westerly along the geodesic to 14°39.601′S 145°39.978′E

42

North‑westerly along the geodesic to the starting point

Ribbon No. 7 Reef (15‑026), Ribbon No. 6 Reef (15‑032), Unnamed Reef (15‑034) Seasonal Closure (Offshore Ribbon Reefs) SMA

43

The point 15°19.836′S 145°47.063′E

44

Westerly along the geodesic to 15°20.448′S 145°44.976′E

45

North‑easterly along the geodesic to 15°20.074′S 145°45.329′E

46

North‑easterly along the geodesic to 15°19.268′S 145°45.951′E

47

Easterly along the geodesic to 15°19.236′S 145°46.147′E

48

North‑easterly along the geodesic to 15°19.106′S 145°46.344′E

49

Northerly along the geodesic to 15°18.858′S 145°46.425′E

50

North‑westerly along the geodesic to 15°18.225′S 145°46.114′E

51

North‑westerly along the geodesic to 15°18.096′S 145°45.872′E

52

West along the parallel 15°18.096′S to longitude 145°45.449′E

53

North‑easterly along the geodesic to 15°17.716′S 145°45.736′E

54

Northerly along the geodesic to 15°17.574′S 145°45.768′E

55

Northerly along the geodesic to 15°16.821′S 145°45.575′E

56

Northerly along the geodesic to 15°16.427′S 145°45.585′E

57

Northerly along the geodesic to 15°15.720′S 145°45.359′E

58

Northerly along the geodesic to 15°15.581′S 145°45.348′E

59

North‑westerly along the geodesic to 15°15.444′S 145°45.135′E

60

Westerly along the geodesic to 15°15.390′S 145°44.871′E

61

North‑westerly along the geodesic to 15°15.120′S 145°44.721′E

62

North along the meridian 145°44.721′E to latitude 15°14.119′S

63

North‑easterly along the geodesic to 15°13.817′S 145°45.078′E

64

Northerly along the geodesic to 15°13.509′S 145°45.114′E

65

North‑westerly along the geodesic to 15°13.346′S 145°45.002′E

66

Northerly along the geodesic to 15°12.864′S 145°44.952′E

67

North‑easterly along the geodesic to 15°12.551′S 145°45.221′E

68

Northerly along the geodesic to 15°12.146′S 145°45.234′E

69

North‑westerly along the geodesic to 15°11.859′S 145°44.645′E

70

North‑westerly along the geodesic to 15°11.402′S 145°44.417′E

71

Easterly along the geodesic to 15°11.400′S 145°45.000′E

72

East along the parallel 15°11.400′S to longitude 145°47.063′E

73

South along the meridian 145°47.063′E to the starting point

\n```\n\n (2) Each area described in Part 4 of Schedule 1 to the Zoning Plan in accordance with the following table is a Seasonal Closure (Offshore Ribbon Reefs) SMA having as its name the name of the area followed by the words ‘Seasonal Closure (Offshore Ribbon Reefs) SMA’.\n\n

Areas described by reference to the Zoning Plan

Item

Area

Zone Number

1

Ribbon Reef No. 5 Patches (15‑042) and inter‑reefal areas

B‑15‑3007

2

Ribbon Reef No. 2 and 3 inter‑reefal areas

B‑15‑3008

\n```\n\n## Part 3 No Dories Detached (Offshore Ribbon Reefs) SMAs\n\n## Part 3—No Dories Detached (Offshore Ribbon Reefs) SMAs\n\nNote: See section 46.\n\n## 6 No Dories Detached (Offshore Ribbon Reefs) SMAs\n\n#### 6 No Dories Detached (Offshore Ribbon Reefs) SMAs\n\n A No Dories Detached (Offshore Ribbon Reefs) SMA specified in a heading in the following table is the area bounded by the line starting at the point described in the first item directly under the heading and running sequentially in the remaining items under the heading.\n\n

No Dories Detached (Offshore Ribbon Reefs) SMAs

Item

Description

Yonge Reef (14‑138) and No Name Reef (14‑139) No Dories Detached (Offshore Ribbon Reefs) SMA

1

The point 14°33.073′S 145°38.224′E

2

South‑easterly along the geodesic to 14°39.402′S 145°41.808′E

3

West along the parallel 14°39.402′S to longitude 145°39.530′E

4

South‑westerly along the geodesic to 14°39.905′S 145°38.514′E

5

South‑easterly along the geodesic to 14°39.943′S 145°38.534′E

6

South‑easterly along the geodesic to 14°40.021′S 145°38.684′E

7

South‑easterly along the geodesic to 14°40.176′S 145°38.879′E

8

Easterly along the geodesic to 14°40.188′S 145°39.098′E

9

South‑westerly along the geodesic to 14°40.993′S 145°38.508′E

10

North‑westerly along the geodesic to 14°37.571′S 145°36.771′E

11

Northerly along the geodesic to 14°37.046′S 145°36.595′E

12

Northerly along the geodesic to 14°35.982′S 145°36.240′E

13

Northerly along the geodesic to 14°34.989′S 145°35.910′E

14

North‑westerly along the geodesic to 14°34.910′S 145°35.848′E

15

North‑easterly along the geodesic to the starting point

No. 10 Patches (No. 3) (14‑153a) and No. 10 Patches (No. 4) (14‑153b) No Dories Detached (Offshore Ribbon Reefs) SMA

16

The point 14°57.135′S 145°43.767′E

17

West along the parallel 14°57.135′S to longitude 145°42.136′E

18

South‑westerly along the geodesic to 14°58.323′S 145°41.493′E

19

West along the parallel 14°58.323′S to longitude 145°40.127′E

20

North along the meridian 145°40.127′E to latitude 14°55.985′S

21

East along the parallel 14°55.985′S to longitude 145°40.353′E

22

South along the meridian 145°40.353′E to latitude 14°56.062′S

23

South‑easterly along the geodesic to 14°56.203′S 145°40.479′E

24

Easterly along the geodesic to 14°56.250′S 145°40.646′E

25

Easterly along the geodesic to 14°56.264′S 145°40.830′E

26

Easterly along the geodesic to 14°56.172′S 145°41.235′E

27

North‑easterly along the geodesic to 14°56.097′S 145°41.412′E

28

North‑easterly along the geodesic to 14°55.978′S 145°41.511′E

29

Easterly along the geodesic to 14°55.977′S 145°41.793′E

30

North‑easterly along the geodesic to 14°55.703′S 145°41.988′E

31

East along the parallel 14°55.703′S to longitude 145°42.438′E

32

East along the parallel 14°55.703′S to longitude 145°44.650′E

33

South‑westerly along the geodesic to the starting point

\n```\n\n## Part 4 Restricted Access SMAs\n\n## Part 4—Restricted Access SMAs\n\nNote: See section 47.\n\n## 7 Restricted Access SMAs\n\n#### 7 Restricted Access SMAs\n\n (1) A Restricted Access SMA specified in a heading in the following table is the area bounded by the line starting at the point described in the first item directly under the heading and running sequentially in the remaining items under the heading.\n\n

Restricted Access SMAs

Item

Description

MacLennan Cay Reef (11‑070) Restricted Access SMA

1

The point 11°18.820′S 143°48.282′E

2

East along the parallel 11°18.820′S to longitude 143°49.041′E

3

South along the meridian 143°49.041′E to latitude 11°19.684′S

4

West along the parallel 11°19.684′S to longitude 143°48.282′E

5

North along the meridian 143°48.282′E to the starting point

Moulter Cay Reef (11‑130) Restricted Access SMA

6

The point 11°23.800′S 144°01.157′E

7

South‑easterly along the geodesic to 11°24.556′S 144°01.847′E

8

South‑westerly along the geodesic to 11°25.045′S 144°01.340′E

9

North‑westerly along the geodesic to 11°24.230′S 144°00.629′E

10

North‑easterly along the geodesic to the starting point

Raine Island Reef (11‑243) Restricted Access SMA

11

The point 11°34.879′S 144°02.080′E

12

South‑easterly along the geodesic to 11°35.518′S 144°02.908′E

13

South‑westerly along the geodesic to 11°36.074′S 144°02.411′E

14

North‑westerly along the geodesic to 11°35.452′S 144°01.610′E

15

North‑easterly along the geodesic to the starting point

\n```\n\n (2) Each area described in Part 5 of Schedule 1 to the Zoning Plan in accordance with the following table is a Restricted Access SMA having as its name the name of the area followed by the words ‘Restricted Access SMA’.\n\n

Areas described by reference to the Zoning Plan

Item

Area

Zone Number

1

Australian Institute of Marine Science

SR‑19‑2008

2

One Tree Island Reef (23‑055)

SR‑23‑2010

\n```\n\n## Part 5 Public Appreciation SMAs\n\n## Part 5—Public Appreciation SMAs\n\nNote: See section 48.\n\n## 8 Public Appreciation SMAs\n\n#### 8 Public Appreciation SMAs\n\n (1) A Public Appreciation SMA specified in a heading in the following table is the area bounded by the line starting at the point described in the first item directly under the heading and running sequentially in the remaining items under the heading.\n\n

Public Appreciation SMAs

Item

Description

Fitzroy Island Reef (CP‑16‑4039) Public Appreciation SMA

1

The point 16°54.601′S 145°59.760′E

2

East along the parallel 16°54.601′S to longitude 146°00.444′E

3

South along the meridian 146°00.444′E to latitude 16°55.291′S

4

South‑westerly along the geodesic to the intersection of the Little Fitzroy Island (16‑055a) coastline at mean low water and the meridian 146°00.420′E (at the point closest to 16°55.302′S 146°00.420′E)

5

Generally south‑westerly along the Little Fitzroy Island (16‑055a) coastline at mean low water to the intersection of the Little Fitzroy Island (16‑055a) coastline at mean low water and the meridian 146°00.376′E (at the point closest to 16°55.419′S 146°00.376′E)

6

South‑westerly along the geodesic to the intersection of the Fitzroy Island (16‑054a) coastline at mean low water and the parallel 16°55.539′S (at the point closest to 16°55.539′S 146°00.286′E)

7

Generally northerly then westerly then southerly along the Fitzroy Island (16‑054a) coastline at mean low water to the intersection of the Fitzroy Island (16‑054a) coastline at mean low water the meridian 145°59.316′E (at the point closest to 16°56.617′S 145°59.316′E)

8

South‑westerly along the geodesic to 16°57.000′S 145°59.124′E

9

Northerly along the geodesic to 16°55.740′S 145°58.620′E

10

North‑easterly along the geodesic to the starting point

Dunk Island Reef (CP‑17‑4045) Public Appreciation SMA

11

The point 17°55.323′S 146°08.697′E

12

Easterly along the geodesic to 17°55.444′S 146°09.338′E

13

South‑easterly along the geodesic to 17°56.887′S 146°10.904′E

14

Southerly along the geodesic to 17°58.236′S 146°11.037′E

15

South‑westerly along the geodesic to 17°58.509′S 146°10.732′E

16

North‑westerly along the geodesic to 17°58.285′S 146°10.236′E

17

North‑westerly along the geodesic to 17°57.530′S 146°09.033′E

18

North‑westerly along the geodesic to 17°56.175′S 146°07.767′E

19

North‑easterly along the geodesic to the starting point

Bedarra Island Reef (CP‑17‑4045) Public Appreciation SMA

20

The point 17°59.567′S 146°08.798′E

21

East along the parallel 17°59.567′S to longitude 146°09.339′E

22

Southerly along the geodesic to 18°00.221′S 146°09.606′E

23

Southerly along the geodesic to 18°00.856′S 146°09.598′E

24

Westerly along the geodesic to 18°00.848′S 146°08.925′E

25

North‑westerly along the geodesic to 18°00.613′S 146°08.484′E

26

North‑westerly along the geodesic to 18°00.334′S 146°08.221′E

27

Northerly along the geodesic to 17°59.916′S 146°08.310′E

28

North‑easterly along the geodesic to the starting point

Whitsundays Public Appreciation SMA

29

The point 20°02.086′S 148°52.803′E

30

East along the parallel 20°02.086′S to longitude 148°54.194′E

31

Easterly along the geodesic to 20°04.327′S 149°03.672′E

32

South along the meridian to 149°03.672′E to latitude 20°14.280′S

33

East along the parallel 20°14.280′S to longitude 149°08.004′E

34

South along the meridian 149°08.004′E to latitude 20°17.511′S

35

South‑westerly along the geodesic to 20°23.280′S 149°02.281′E

36

Southerly along the geodesic to the intersection of the Lindeman Island (20‑090) coastline at mean low water and the parallel 20°25.922′S (at the point closest to 20°25.922′S 149°02.334′E)

37

Generally southerly then easterly along the Lindeman Island (20‑090) coastline at mean low water to the intersection of the Lindeman Island (20‑090) coastline at mean low water and the parallel 20°26.268′S (at the point closest to 20°26.268′S 149°03.270′E)

38

Easterly along the geodesic to 20°26.272′S 149°04.236′E

39

South along the meridian 149°04.236′E to latitude 20°27.668′S

40

South‑westerly along the geodesic to 20°29.633′S 149°00.081′E

41

Westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 20°28.718′S (at the point closest to 20°28.718′S 148°54.722′E)

42

Generally north‑westerly along the mainland coastline at mean low water to the intersection of the mainland coastline at mean low water and the parallel 20°14.126′S (at the point closest to 20°14.126′S 148°46.127′E)

43

North‑westerly along the geodesic to 20°07.140′S 148°42.124′E

44

North along the meridian 148°42.124′E to latitude 20°06.362′S

45

North‑easterly along the geodesic to 20°05.760′S 148°42.904′E

46

East along the parallel 20°05.760′S to longitude 148°43.743′E

47

Easterly along the geodesic to the starting point

Brampton Island—West (CP‑20‑4091) Public Appreciation SMA

48

The point 20°47.388′S 149°15.681′E

49

East along the parallel 20°47.388′S to longitude 149°16.179′E

50

South along the meridian 149°16.179′E to the intersection of the Brampton Island (20‑270b) coastline at mean low water and the meridian 149°16.179′E (at the point closest to 20°48.025′S 149°16.179′E)

51

Generally westerly along the Brampton Island (20‑270b) coastline at mean low water to the intersection of the Brampton Island (20‑270b) coastline at mean low water and the meridian 149°15.681′E (at the point closest to 20°48.052′S 149°15.681′E)

52

North along the meridian 149°15.681′E to the starting point

Brampton Island—East (CP‑20‑4091) Public Appreciation SMA

53

The intersection of the Carlisle Island (20‑270a) coastline at mean low water and the meridian 149°18.007′E (at the point closest to 20°48.283′S 149°18.007′E)

54

South‑westerly along the geodesic to the intersection of the Brampton Island (20‑270b) coastline at mean low water and the parallel 20°48.872′S (at the point closest to 20°48.872′S 149°17.519′E)

55

Generally westerly then north‑westerly then north‑easterly along the Brampton Island (20‑270b) coastline at mean low water to the intersection of the Brampton Island (20‑270b) coastline at mean low water and the parallel 20°48.390′S (at the point closest to 20°48.390′S 149°17.058′E)

56

North‑easterly along the geodesic to the intersection of the Carlisle Island (20‑270a) coastline at mean low water and the meridian 149°17.267′E (at the point closest to 20°48.180′S 149°17.267′E)

57

Generally north‑easterly then southerly along the Carlisle Island (20‑270a) coastline at mean low water to the starting point

Heron Reef (CP‑23‑4104) Public Appreciation SMA

58

The point 23°25.062′S 151°57.184′E

59

East along the parallel 23°25.062′S to longitude 152°00.745′E

60

South along the meridian 152°00.745′E to latitude 23°28.678′S

61

West along the parallel 23°28.678′S to longitude 151°57.184′E

62

North along the meridian 151°57.184′E to the starting point

Wistari Reef (CP‑23‑4106) Public Appreciation SMA

63

The point 23°25.800′S 151°53.100′E

64

South along the meridian 151°53.100′E to latitude 23°30.000′S

65

West along the parallel 23°30.000′S to longitude 151°49.287′E

66

North along the meridian 151°49.287′E to latitude 23°27.345′S

67

North‑easterly along the geodesic to the starting point

Cape Upstart (CP‑19‑4064) Public Appreciation SMA

68

The point 19°42.403′S 147°44.344′E

69

East along the parallel 19°42.403′S to the intersection of the mainland coastline at mean low water and the parallel 19°42.403′S (at the point closest to 19°42.403′S 147°45.157′E)

70

Generally southerly along the mainland coastline at mean low water to the intersection of the mainland coastline at mean low water and the parallel 19°49.578′S (at the point closest to 19°49.578′S 147°46.321′E)

71

West along the parallel 19°49.578′S to longitude 147°44.344′E

72

North along the meridian 147°44.344′E to the starting point

\n```\n\n (2) Each area described in Part 3 of Schedule 1 to the Zoning Plan in accordance with the following table is a Public Appreciation SMA having as its name the name of the area followed by the words ‘Public Appreciation SMA’.\n\n

Areas described by reference to the Zoning Plan

Item

Area

Zone Number

1

Yonge Reef (14‑138)—lee side

CP‑14‑4017

2

Lizard Island Reef (14‑116b)—Mermaid Bay to Pigeon Point

CP‑14‑4018

3

North Opal Reef (16‑025)

CP‑16‑4029

4

Flynn Reef (16‑065)

CP‑16‑4035

5

Thetford Reef (16‑068)

CP‑16‑4036

6

Orpheus Island Reef south‑west (18‑049b)

CP‑18‑4053

7

Davies Reef (18‑096)

CP‑18‑4056

8

North Keppel Island—Considine Bay

CP‑23‑4101

9

Great Keppel Island—western side

CP‑23‑4102

\n```\n\n## Part 6 Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA\n\n## Part 6—Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA\n\nNote: See section 52.\n\n## 9 Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA\n\n#### 9 Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA\n\n The Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA is the area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n

Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA

Item

Description

1

The intersection of the Lizard Island (14‑116a) coastline at mean low water and the meridian 145°27.060′E (at the point closest to 1438.813′S 14527.060′E)

2

North along the meridian 145°27.060′E to latitude 14°38.375′S

3

East along the parallel 14°38.375′S to longitude 145°27.272′E

4

South along the meridian 145°27.272′E to the intersection of the Lizard Island (14‑116a) coastline at mean low water and the meridian 145°27.272′E (at the point closest to 14°38.770′S 145°27.272′E)

5

Generally southerly then south‑westerly then north‑westerly along the Lizard Island (14‑116a) coastline at mean low water to the starting point

\n```\n\n## Part 7 Maritime Cultural Heritage Protection SMAs\n\n## Part 7—Maritime Cultural Heritage Protection SMAs\n\nNote: See section 53.\n\n## 10 Maritime Cultural Heritage Protection SMAs\n\n#### 10 Maritime Cultural Heritage Protection SMAs\n\n The part of the Catalina A24‑25 Maritime Cultural Heritage Protection SMA specified in a heading in the following table is the area bounded by the line starting at the point described in the first item directly under the heading and running sequentially in the remaining items under the heading.\n\n

Maritime Cultural Heritage Protection SMAs

Item

Description

Part 1 of the Catalina A24‑25 Maritime Cultural Heritage Protection SMA

1

The point 1712.825′S 1462.134′E

2

East along the parallel 1712.825′S to longitude 1462.704′E

3

South along the meridian 1462.704′E to latitude 1713.395′S

4

West along the parallel 1713.395′S to longitude 1462.134′E

5

North along the meridian 146°12.134′E to the starting point

Part 2 of the Catalina A24‑24 Maritime Cultural Heritage Protection SMA

6

The point 1949.988′S 1488.734′E

7

East along the parallel 1949.988′S to longitude 1489.304′E

8

South along the meridian 1489.304′E to latitude 1950.558′S

9

West along the parallel 1950.558′S to longitude 1488.734′E

10

North along the meridian 148°18.734′E to the starting point

\n```\n\n","sortOrder":5},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"Limited impact research (extractive)","content":"Schedule 6—Limited impact research (extractive)\n\nNote: See subparagraph 20(3)(b)(i).\n\n## 1 Limited impact research (extractive)\n\n#### 1 Limited impact research (extractive)\n\n The following table has effect for the purposes of subparagraph 20(3)(b)(i).\n\n

Limits on taking species of fish and invertebrates

Item

Species, or species and length

Common name

Annual limits on taking for a research project

1

Any species in class Chondrichthyes, except a species described in any of items 2 to 15

Any species of shark, ray or chimaera, except a species described in any of items 2 to 15

5 animals of that species, each from a different research location

2

Any species in family Pristidae

Sawfishes

No animals to be taken

3

Carcharias taurus

Grey nurse shark

No animals to be taken

4

Carcharodon carcharias

White shark

No animals to be taken

5

Carcharhinus falciformis

Silky shark

No animals to be taken

6

Glyphis glyphis

Speartooth shark

No animals to be taken

7

Isurus oxyrinchus

Shortfin mako shark

No animals to be taken

8

Isurus paucus

Longfin mako shark

No animals to be taken

9

Lamna nasus

Porbeagle shark

No animals to be taken

10

Manta alfredi

Reef manta ray

No animals to be taken

11

Manta birostris

Giant manta ray

No animals to be taken

12

Mobula eregoodootenkee

Pygmy devilray

No animals to be taken

13

Mobula japanica

Japanese devilray

No animals to be taken

14

Mobula thurstoni

Bentfin devilray

No animals to be taken

15

Rhincodon typus

Whale shark

No animals to be taken

16

Any species in family Acanthuridae

Surgeonfishes

20 animals of that species, no more than 5 from a single research location

17

Any species in family Antennariidae, except a species described in item 18

Anglerfishes and frogfishes, except a species described in item 18

50 animals of that species, no more than 10 from a single research location

18

Halophryne queenslandiae

Sculptured frogfish

No animals to be taken

19

Any species in family Atherinidae

Hardyheads

500 animals of that species, no more than 100 from a single research location

20

Any species in family Aulostomidae

Trumpetfishes

50 animals of that species, no more than 10 from a single research location

21

Any species in family Balistidae

Triggerfishes

50 animals of that species, no more than 10 from a single research location

22

Any species in family Blenniidae

Blennies

500 animals of that species, no more than 100 from a single research location

23

Any species in family Clupeidae

Herrings

500 animals of that species, no more than 100 from a single research location

24

Any species in family Congridae

Conger eels

50 animals of that species, no more than 10 from a single research location

25

Any species in family Engraulidae

Anchovies

500 animals of that species, no more than 100 from a single research location

26

Any species in family Ephippidae

Batfishes

20 animals of that species, no more than 5 from a single research location

27

Any species in family Fistulariidae

Flutemouths

50 animals of that species, no more than 10 from a single research location

28

Glaucosoma scapulare (in family Glaucosomatidae)

Pearl perch

20 animals, no more than 5 from a single research location

29

Any species in family Gobiidae

Gobies

500 animals of that species, no more than 100 from a single research location

30

Family Istiophoridae

Marlins

No animals to be taken

31

Any species in family Kyphosidae

Drummers

20 animals of that species, no more than 5 from a single research location

32

Any species in genus Bodianus (in family Labridae)

Pigfishes

50 animals of that species, no more than 10 from a single research location

33

Cheilinus fasciatus (in family Labridae)

Redbreasted Maori wrasse

50 animals, no more than 10 from a single research location

34

Cheilinus trilobatus (in family Labridae)

Tripletail Maori wrasse

50 animals, no more than 10 from a single research location

35

Cheilinus undulatus (in family Labridae)

Humphead Maori wrasse

No animals to be taken

36

Choerodon anchorago (in family Labridae)

Anchor tuskfish

50 animals, no more than 10 from a single research location

37

Choerodon cephalotes (in family Labridae)

Purple (grass) tuskfish

50 animals, no more than 10 from a single research location

38

Choerodon cyanodus (in family Labridae)

Blue tuskfish

50 animals, no more than 10 from a single research location

39

Choerodon schoenleinii (in family Labridae)

Blackspot tuskfish

50 animals, no more than 10 from a single research location

40

Choerodon venustus (in family Labridae)

Venus tuskfish

50 animals, no more than 10 from a single research location

41

Coris aygula (in family Labridae)

Redblotched wrasse (clown coris)

No animals to be taken

42

Gnathodentex aureolineatus (in family Lethrinidae)

Goldspot seabream

50 animals, no more than 10 from a single research location

43

Any species in genus Gymnocranius (in family Lethrinidae)

Seabreams

50 animals of that species, no more than 10 from a single research location

44

Lethrinus atkinsoni (in family Lethrinidae)

Yellow‑tailed emperor

50 animals, no more than 10 from a single research location

45

Lethrinus erythracanthus (in family Lethrinidae)

Orangespotted emperor

50 animals, no more than 10 from a single research location

46

Lethrinus genivittatus (in family Lethrinidae)

Threadfin emperor

50 animals, no more than 10 from a single research location

47

Lethrinus harak (in family Lethrinidae)

Thumbprint emperor

50 animals, no more than 10 from a single research location

48

Lethrinus lentjan (in family Lethrinidae)

Redspot (pink‑eared) emperor

50 animals, no more than 10 from a single research location

49

Lethrinus miniatus (in family Lethrinidae)

Redthroat emperor

50 animals, no more than 10 from a single research location

50

Lethrinus nebulosus (in family Lethrinidae)

Spangled emperor

50 animals, no more than 10 from a single research location

51

Lethrinus obsoletus (in family Lethrinidae)

Orangestriped emperor

50 animals, no more than 10 from a single research location

52

Lethrinus olivaceus (in family Lethrinidae)

Longnose emperor

50 animals, no more than 10 from a single research location

53

Lethrinus ornatus (in family Lethrinidae)

Ornate (yellow‑striped) emperor

50 animals, no more than 10 from a single research location

54

Lethrinus rubrioperculatus (in family Lethrinidae)

Spotcheek emperor

50 animals, no more than 10 from a single research location

55

Lethrinus variegatus (in family Lethrinidae)

Variegated emperor

50 animals, no more than 10 from a single research location

56

Lethrinus xanthochilus (in family Lethrinidae)

Yellowlip emperor

50 animals, no more than 10 from a single research location

57

Monotaxis grandoculis (in family Lethrinidae)

Bigeye seabream

50 animals, no more than 10 from a single research location

58

Aphareus furca (in family Lutjanidae)

Small‑toothed jobfish

50 animals, no more than 10 from a single research location

59

Aprion virescens (in family Lutjanidae)

Green jobfish

50 animals, no more than 10 from a single research location

60

Etelis carbunculus (in family Lutjanidae)

Ruby snapper

50 animals, no more than 10 from a single research location

61

Etelis coruscans (in family Lutjanidae)

Flame snapper

50 animals, no more than 10 from a single research location

62

Lutjanus adetii (in family Lutjanidae)

Hussar (pink hussar)

50 animals, no more than 10 from a single research location

63

Lutjanus bitaeniatus (in family Lutjanidae)

Indonesian snapper

50 animals, no more than 10 from a single research location

64

Lutjanus bohar (in family Lutjanidae)

Red bass

50 animals, no more than 10 from a single research location

65

Lutjanus boutton (in family Lutjanidae)

Paleface snapper

50 animals, no more than 10 from a single research location

66

Lutjanus carponotatus (in family Lutjanidae)

Stripey snapper (Spanish flag)

50 animals, no more than 10 from a single research location

67

Lutjanus erythropterus (in family Lutjanidae)

Crimson snapper (small‑mouth nannygai)

50 animals, no more than 10 from a single research location

68

Lutjanus fulviflamma (in family Lutjanidae)

Blackspot snapper

50 animals, no more than 10 from a single research location

69

Lutjanus fulvus (in family Lutjanidae)

Blacktailed snapper

50 animals, no more than 10 from a single research location

70

Lutjanus gibbus (in family Lutjanidae)

Paddletail

50 animals, no more than 10 from a single research location

71

Lutjanus johnii (in family Lutjanidae)

Golden snapper (fingermark)

50 animals, no more than 10 from a single research location

72

Lutjanus kasmira (in family Lutjanidae)

Bluestriped snapper

50 animals, no more than 10 from a single research location

73

Lutjanus lemniscatus (in family Lutjanidae)

Darktail snapper

50 animals, no more than 10 from a single research location

74

Lutjanus lutjanus (in family Lutjanidae)

Bigeye snapper

50 animals, no more than 10 from a single research location

75

Lutjanus malabaricus (in family Lutjanidae)

Saddletail snapper (large‑mouth nannygai)

50 animals, no more than 10 from a single research location

76

Lutjanus monostigma (in family Lutjanidae)

Onespot snapper

50 animals, no more than 10 from a single research location

77

Lutjanus quinquelineatus (in family Lutjanidae)

Fiveline snapper

50 animals, no more than 10 from a single research location

78

Lutjanus rivulatus (in family Lutjanidae)

Maori snapper

50 animals, no more than 10 from a single research location

79

Lutjanus russelli (in family Lutjanidae)

Moses snapper (Moses perch)

50 animals, no more than 10 from a single research location

80

Lutjanus sebae (in family Lutjanidae)

Red emperor

50 animals, no more than 10 from a single research location

81

Lutjanus vitta (in family Lutjanidae)

Brownstripe snapper (brown hussar)

50 animals, no more than 10 from a single research location

82

Macolor macularis (in family Lutjanidae)

Midnight snapper

50 animals, no more than 10 from a single research location

83

Macolor niger (in family Lutjanidae)

Black‑and‑white snapper

50 animals, no more than 10 from a single research location

84

Pristipomoides filamentosus (in family Lutjanidae)

Rosy snapper (jobfish)

50 animals, no more than 10 from a single research location

85

Pristipomoides multidens (in family Lutjanidae)

Goldband snapper

50 animals, no more than 10 from a single research location

86

Pristipomoides sieboldi (in family Lutjanidae)

Lavender snapper (jobfish)

50 animals, no more than 10 from a single research location

87

Pristipomoides typus (in family Lutjanidae)

Sharptooth snapper

50 animals, no more than 10 from a single research location

88

Symphorichthys spilurus (in family Lutjanidae)

Sailfin snapper

50 animals, no more than 10 from a single research location

89

Symphorus nematophorus (in family Lutjanidae)

Chinamanfish

50 animals, no more than 10 from a single research location

90

Any species in family Muraenidae

Moray eels

50 animals of that species, no more than 10 from a single research location

91

Any species in family Ophichthidae

Snake eels

50 animals of that species, no more than 10 from a single research location

92

Any species in family Ostraciidae

Boxfishes

50 animals of that species, no more than 10 from a single research location

93

Platycephalus fuscus (in family Platycephalidae)

Dusky flathead

50 animals, no more than 10 from a single research location

94

Any species in family Pomacanthidae

Angelfishes

20 animals of that species, no more than 5 from a single research location

95

Any species in family Pomacentridae, except a species described in items 96 or 97

Damselfishes, except a species described in item 96 or 97

500 animals of that species, no more than 100 from a single research location

96

Any species in genus Amphiprion

Anemonefishes

50 animals of that species, no more than 10 from a single research location

97

Premnas biaculeatus

Spinecheek clownfish

50 animals, no more than 10 from a single research location

98

Ogilbyina novaehollandiae (in family Pseudochromidae)

Multicolour dottyback

No animals to be taken

99

Any species in family Scaridae, except a species described in any of items 100 to 103

Any species of parrotfish, except a species described in any of items 100 to 103

20 animals of that species, no more than 5 from a single research location

100

Bolbometopon muricatum

Bumphead parrotfish

No animals to be taken

101

Cetoscarus ocellatus

Bicolour parrotfish

No animals to be taken

102

Chlorurus microrhinos

Steephead parrotfish

No animals to be taken

103

Scarus rubroviolaceus

Blackvein (ember) parrotfish

No animals to be taken

104

Atractoscion aequidens (in family Sciaenidae)

Teraglin

50 animals, no more than 10 from a single research location

105

Protonibea diacanthus (in family Sciaenidae)

Black jewfish

50 animals, no more than 10 from a single research location

106

Scomberomorus munroi (in family Scombridae)

Spotted mackerel

50 animals, no more than 10 from a single research location

107

Any species in family Serranidae, except a species described in any of items 108 to 134

Serranids, except a species described in any of items 108 to 134

50 animals of that species, no more than 10 from a single research location

108

Aethaloperca rogaa

Redmouth rockcod

20 animals, no more than 5 from a single research location

109

Anyperodon leucogrammicus

Whitelined rockcod

20 animals, no more than 5 from a single research location

110

Cephalopholis sonnerati

Tomato rockcod

20 animals, no more than 5 from a single research location

111

Chromileptes altivelis

Barramundi cod

No animals to be taken

112

Any species in genus Epinephelus longer than 1,000 millimetres

Rockcods and groupers longer than 1,000 millimetres

No animals to be taken

113

Epinephelus coeruleopunctatus no longer than 1,000 millimetres

Whitespotted grouper no longer than 1,000 millimetres

20 animals, no more than 5 from a single research location

114

Epinephelus coioides no longer than 1,000 millimetres

Goldspotted rockcod no longer than 1,000 millimetres

20 animals, no more than 5 from a single research location

115

Epinephelus cyanopodus no longer than 1,000 millimetres

Purple rockcod (blue Maori) no longer than 1,000 millimetres

20 animals, no more than 5 from a single research location

116

Epinephelus ergastularius no longer than 1,000 millimetres

Banded (bar) rockcod no longer than 1,000 millimetres

20 animals, no more than 5 from a single research location

117

Epinephelus fuscoguttatus longer than 700 millimetres

Flowery rockcod longer than 700 millimetres

No animals to be taken

118

Epinephelus fuscoguttatus no longer than 700 millimetres

Flowery rockcod no longer than 700 millimetres

20 animals, no more than 5 from a single research location

119

Epinephelus lanceolatus

Queensland groper

No animals to be taken

120

Epinephelus maculatus no longer than 1,000 millimetres

Highfin grouper no longer than 1,000 millimetres

20 animals, no more than 5 from a single research location

121

Epinephelus magniscuttis no longer than 1,000 millimetres

Speckled grouper no longer than 1,000 millimetres

20 animals, no more than 5 from a single research location

122

Epinephelus malabaricus no longer than 1,000 millimetres

Blackspotted rockcod no longer than 1,000 millimetres

20 animals, no more than 5 from a single research location

123

Epinephelus polyphekadion longer than 700 millimetres

Camouflage grouper longer than 700 millimetres

No animals to be taken

124

Epinephelus polyphekadion no longer than 700 millimetres

Camouflage grouper no longer than 700 millimetres

20 animals, no more than 5 from a single research location

125

Epinephelus radiatus no longer than 1,000 millimetres

Radiant (oblique‑banded) grouper no longer than 1,000 millimetres

20 animals, no more than 5 from a single research location

126

Epinephelus tauvina no longer than 1,000 millimetres

Greasy rockcod no longer than 1,000 millimetres

20 animals, no more than 5 from a single research location

127

Epinephelus tukula

Potato rockcod

No animals to be taken

128

Epinephelus undulatostriatus no longer than 1,000 millimetres

Maori rockcod no longer than 1,000 millimetres

20 animals, no more than 5 from a single research location

129

Plectropomus areolatus

Passionfruit (squaretail) coral trout

20 animals, no more than 5 from a single research location

130

Plectropomus laevis no longer than 800 millimetres

Bluespotted coral trout (Chinese footballer) no longer than 800 millimetres

20 animals, no more than 5 from a single research location

131

Plectropomus laevis longer than 800 millimetres

Bluespotted coral trout (Chinese footballer) longer than 800 millimetres

No animals to be taken

132

Plectropomus oligacanthus

Vermicular cod (highfin coral trout)

20 animals, no more than 5 from a single research location

133

Variola albimarginata

White‑edge coronation (lyretail) trout

20 animals, no more than 5 from a single research location

134

Variola louti

Yellowedge coronation trout

20 animals, no more than 5 from a single research location

135

Any species in family Siganidae

Rabbitfishes

20 animals of that species, no more than 5 from a single research location

136

Any species in family Solenostomidae

Ghost pipefishes

No animals to be taken

137

Chrysophrys auratus (in family Sparidae)

Snapper

20 animals, no more than 5 from a single research location

138

Sphyraena barracuda (in family Sphyraenidae)

Great barracuda

50 animals, no more than 10 from a single research location

139

Any species in family Syngnathidae

Seahorses, seadragons, pipefishes

No animals to be taken

140

Any species in family Synodontidae

Lizardfishes

500 animals of that species, no more than 100 from a single research location

141

Any species in family Tripterygiidae

Triplefins

500 animals of that species, no more than 100 from a single research location

142

Xiphias gladius (in family Xiphiidae)

Swordfish

No animals to be taken

143

Any species in family Palinuridae

Spiny lobsters

No animals to be taken

144

Ranina ranina (in family Raninidae)

Spanner crab

50 animals, no more than 10 from a single research location

145

Any species in class Anthozoa or Hydrozoa

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids or fire corals

No animals to be taken

146

Any species in phylum Echinodermata, except a species described in any of items 147 to 149

Echinoderms, except a species described in any of items 147 to 149

50 animals of that species, no more than 10 from a single research location

147

Acanthaster planci

Crown‑of‑thorns starfish

500 animals, no more than 100 from a single research location

148

Holothuria fuscogilva

White teatfish

No animals to be taken

149

Holothuria whitmaei

Black teatfish

No animals to be taken

150

Any species in phylum Mollusca, except a species described in any of items 151 to 162

Molluscs, except a species described in any of items 151 to 162

50 animals of that species, no more than 10 from a single research location

151

Any species in order Octopoda

Octopuses

20 animals of that species, no more than 5 from a single research location

152

Any species in family Argonautidae

Paper nautiluses

20 animals of that species, no more than 5 from a single research location

153

Any species in family Nautilidae

Chambered nautiluses

20 animals of that species, no more than 5 from a single research location

154

Any species in class Gastropoda, except a species described in any of items 155 to 159

Gastropods (such as snails and slugs), except a species described in any of items 155 to 159

200 animals of that species, no more than 50 from a single research location

155

Any species in family Muricidae, except a species in genus Drupella

Murex shells, except Drupella

No animals to be taken

156

Any species in genus Drupella

Drupella

200 animals of that species, no more than 50 from a single research location

157

Cassis cornuta

Giant helmet shell

No animals to be taken

158

Charonia tritonis

Trumpet triton

No animals to be taken

159

Melo amphora

Melon (baler) shell

No animals to be taken

160

Any species in subfamily Tridacninae (in family Cardiidae)

Giant clams

No animals to be taken

161

Pinctada margaritifera (in family Pteriinae)

Blacklip pearl oyster

No animals to be taken

162

Pinctada maxima (in family Pteriinae)

Silverlip (goldlip) pearl oyster

No animals to be taken

\n```","sortOrder":6}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":601},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a comprehensive regulatory framework for the Great Barrier Reef Marine Park. While the 2019 version consolidated and modernised earlier regulations (particularly the 1983 regulations), it does not appear to have expanded beyond the original purpose of managing activities within the Marine Park. The detailed provisions on permissions, zoning, protected species, and Traditional Owner agreements represent operational refinement rather than scope creep."},"complexity_factors":["Extensive cross-referencing to the Zoning Plan, Queensland fisheries legislation, and other Commonwealth laws","Over 250 defined terms in section 5 alone, many with nested definitions","Multiple assessment pathways for permissions (routine, tailored, public information package, public environment report, environmental impact statement)","Detailed tables specifying restricted species, fees, and geographic coordinates","Conditional logic throughout (e.g., 'if...then...unless' structures in permissions and offences)","Special Management Areas with zone-specific rules layered on top of base zoning","Transitional provisions preserving rights under repealed regulations","Integration with EPBC Act processes for referred matters"],"plain_english_summary":"This is the **Great Barrier Reef Marine Park Regulations 2019**, a detailed set of rules that operationalise the Great Barrier Reef Marine Park Act 1975. Think of it as the 'rulebook' for how one of the world's largest marine protected areas is managed.\n\n**What it does:**\n- **Defines activities** like fishing, research, tourism, and boating, and sets limits on what can happen where\n- **Establishes zones** with different rules—from General Use (more permissive) to Preservation Zone (highly restricted)\n- **Creates a permission system** where businesses and individuals must apply to the Great Barrier Reef Marine Park Authority to conduct commercial activities\n- **Protects wildlife** by declaring protected species (whales, dolphins, turtles, sharks, corals) and setting rules for interacting with them\n- **Regulates fishing** through detailed rules on nets, hooks, and where fishing can occur\n- **Sets fees** for applications and environmental management charges for tourism operators\n- **Provides for Traditional Owner agreements** (TUMRAs) allowing Indigenous communities to manage traditional use of marine resources\n\n**Who it affects:**\n- Tourists and tourism operators\n- Commercial and recreational fishers\n- Researchers and educational institutions\n- Traditional Owners\n- Vessel operators (including compulsory pilotage rules for large ships)\n- Anyone conducting business in the Marine Park\n\n**Why it matters:**\nThe Great Barrier Reef is a World Heritage site facing significant environmental pressures. These regulations balance conservation with sustainable use, ensuring activities don't damage the reef while allowing people to enjoy and benefit from it. The rules are legally enforceable, with offences carrying penalties up to 50 penalty units (roughly $11,000+)."}},"importantCases":[],"_links":{"self":"/api/acts/great-barrier-reef-marine-park-regulations-2019","history":"/api/acts/great-barrier-reef-marine-park-regulations-2019/history","analysis":"/api/acts/great-barrier-reef-marine-park-regulations-2019/analysis","conflicts":"/api/acts/great-barrier-reef-marine-park-regulations-2019/conflicts","importantCases":"/api/acts/great-barrier-reef-marine-park-regulations-2019/important-cases","documents":"/api/acts/great-barrier-reef-marine-park-regulations-2019/documents"}}